Ch. 2 History & Sources of American Law Flashcards Preview

CLEP - Intro to Business Law > Ch. 2 History & Sources of American Law > Flashcards

Flashcards in Ch. 2 History & Sources of American Law Deck (46)
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1

_____ represents a set of rules or principles established by gov't or some other controlling body that members of society must follow and obey.

Law

2

A ______ _______ refers to a system of established laws.

Legal System

3

Both laws and legal systems are designed to :
1.
2.
3.

Promote fairness
consistency
and order within society

4

_____ (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

5

______ ( ____) 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

6

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

7

The American legal system is a ________ law system.

common

8

For consistency, common law judges follow decisions of previous cases involving similar fact patterns. These decisions are knows as _____________.

precedent

9

The notion that judges must make decisions consistent with precedent is called ______ ______.

stare decisis

10

_____ ________ is designed to promote certainty and consistency among courts and case law.

stare decisis

11

The _____________ represents the governing and supreme law of the United States.

Constitution

12

The Constitution establishes ____ # of branches of government.

3

13

Article 1 creates the _____________ branch of the government.

Legislative

14

Article 2 creates the ____________ branch of the government.

Executive

15

Article 3 creates the __________ branch of the government.

Judicial

16

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

17

The ___________ branch constitutes the president, the vice president, and other executive officers. The president is primarily responsible for enforcing the ____.

Executive; laws

18

The __________ branch is comprised of the court system and establishes the ___________ ______.

judicial; Supreme Court

19

Article 1 also authorizes Congress to establish _______ courts that are inferior to the _________ court.

federal; Supreme

20

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

21

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

22

The Constitution establishes a system of _____ and ________, where by each brance of gov't has specific power and authority.

check and balances

23

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

24

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

25

Congress is empowered to make laws concerning what 3 things?

1. taxes
2. Foreign and interstate commerce
3. the nation's defense

26

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

27

____________ means that the states and the federal gov't share the power of governing.

federalism

28

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

29

The ____________ clause means that state constitutions and statutes cannot violate the federal constitution or federal law.

supremacy

30

Local gov't (city councils or county boards) can pass laws called ____________ that are aimed at addressing local matters such as parking or traffic violations.

ordinances