question
What are ethics?
answer
unwritten principles, interpreted by individuals, presented by philosophers, religious, professional groups, personal choice, priority determined by individual, no external decision maker, and limited enforcement.
question
What is law?
answer
formal written document, interpreted by courts, established by legislatures, applicable to everyone, priority decided by court, court makes final decision, enforceable by police and courts.
question
What are the four ways a law is created?
answer
1. Federal/State legislation (president and congress sign it)
2. Federal/State administrative agencies (representatives that can sign in new rules for a state. Agencies are delegated powers to create rules and regulations that have the same authority as a law)
3. Courts (case opinions and decisions)
4. Private agreements enforced by the courts (agreements between people)
2. Federal/State administrative agencies (representatives that can sign in new rules for a state. Agencies are delegated powers to create rules and regulations that have the same authority as a law)
3. Courts (case opinions and decisions)
4. Private agreements enforced by the courts (agreements between people)
question
What is Federal Constitutional Law?
answer
Establishes government structure-sets out congress, representatives.Establishes individual rights.
Defines permissible scope of State power.
Defines permissible scope of State power.
question
What is statutory law at the federal level?
answer
Enactments of Congress (Tax Reform Act)
question
What are administrative agencies?
answer
Created by Congress two types:
1. Executive agencies which are subject to the authority of the President (the Cabinet)
2. Independent Administrative Agencies which officers have to be removed by the President for cause (SEC)
1. Executive agencies which are subject to the authority of the President (the Cabinet)
2. Independent Administrative Agencies which officers have to be removed by the President for cause (SEC)
question
What are executive orders?
answer
Directive issued by the President that manages operations of the Federal government and has the force of law. Doesn't have to go through Congress. Has an impact on businesses that do business with the US government and affects anyone working in government no one else.
question
What are State Constitutions?
answer
Set forth rights of individuals, structure of State government, scope of State power.
May grant broader rights than those found in Federal Constitution, but will not trump Federal Constitution.
May grant broader rights than those found in Federal Constitution, but will not trump Federal Constitution.
question
What are state laws/statutes?
answer
Enactments of State Legislature
question
What are local laws?
answer
Ordinances (zoning)
question
What is common law?
answer
The body of law developed from custom or judicial decisions in English and U.S. courts that is not attributable to a legislature
question
What is legal reasoning?
answer
the process of reasoning by which a judge harmonizes his or her opinion with the judicial decisions in previous cases.
question
What does IRAC stand for?
answer
Issue-what are key facts and issues?
Rule-what rule of law applies?
Application-how does law apply to facts?
Conclusion-what conclusion?
Rule-what rule of law applies?
Application-how does law apply to facts?
Conclusion-what conclusion?
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