Flashcards in Ch. 2 History & Sources of American Law Deck (46)
_____ represents a set of rules or principles established by gov't or some other controlling body that members of society must follow and obey.
A ______ _______ refers to a system of established laws.
Both laws and legal systems are designed to :
and order within society
_____ (or _____) law is pursuant to which a single comprehensive code was developed and laws were established by reference to such code.
civil or code law
______ ( ____) law is essentially judge-made law whereby judges make decisions on a case-by-case basis and these decisions generate a body of rules and principles.
common or case law
Judges in common law refer to _____________ and judges of civil law refer to a _____ when making their judicial determinations.
their own decisions or the decisions of other courts; a set of code
The American legal system is a ________ law system.
For consistency, common law judges follow decisions of previous cases involving similar fact patterns. These decisions are knows as _____________.
The notion that judges must make decisions consistent with precedent is called ______ ______.
_____ ________ is designed to promote certainty and consistency among courts and case law.
The _____________ represents the governing and supreme law of the United States.
The Constitution establishes ____ # of branches of government.
Article 1 creates the _____________ branch of the government.
Article 2 creates the ____________ branch of the government.
Article 3 creates the __________ branch of the government.
The Legislative branch is known as ________ and is divided into two houses, the _________ and the ______ of ____________. They are responsible for making the ____.
Congress; Senate and House of Representatives; laws
The ___________ branch constitutes the president, the vice president, and other executive officers. The president is primarily responsible for enforcing the ____.
The __________ branch is comprised of the court system and establishes the ___________ ______.
judicial; Supreme Court
Article 1 also authorizes Congress to establish _______ courts that are inferior to the _________ court.
The Supreme Court consists of ____ justices (the judiciary) who are appointed by the ___________ with the advice and consent of the Senate. The judiciary interprets the ____.
9; president' law
The __________ can review the decisions of federal and state legislatures to ensure that they do not violate the Constitution. The process is called ________ _______ and gives courts the ability to declare a federal or state law unconstitutional and invalidate it.
judiciary; judicial review
The Constitution establishes a system of _____ and ________, where by each brance of gov't has specific power and authority.
check and balances
There are currently 27 amendments to the Constitution; the first 10 are referred to as the ____ of _____. They are aimed at protecting citizens from gov't intrusion, preventing the gov't from making laws that interfere in certain rights deemed ____________.
Bill of Rights; fundamental
Freedom of Speech, freedom of religion, right to be free from cruel and unusual punishment, right to jury trial and counsel are all amendments that are part of the _____ of ________.
Bill of Rights
Congress is empowered to make laws concerning what 3 things?
2. Foreign and interstate commerce
3. the nation's defense
The Constitution also enables _________ to make all laws "necessary and _______" for carrying out its responsibilities. Thus they have passed a variety of different federal ________.
Congress; proper; statutes
____________ means that the states and the federal gov't share the power of governing.
Every state has __ branches of gov't as well as a state constitution, with autonomy to govern the affairs of its citizens. States have all powers not specifically delegated to the ________ _____________.
3; federal government
The ____________ clause means that state constitutions and statutes cannot violate the federal constitution or federal law.