CHAPTER 3 FROM CONSTITUTION TO THE COURTROOM Flashcards
Differentiate betw. fed. & state law, betw. origins & statutory, what makes ups the federalist gov., identify steps necessary for passage of fed. & state legislation. Distinguish betw. appellate paths of fed. judicial system & state judicial system (52 cards)
Constitution determines if state or federal law is applicable & enforcable.
The legal system dictates how disputes are resolved in courts. Once a dispute exists the process of predictable but not always enjoyable. Testifying as a witness in a lawsuit can give you knots in your stomach. Sleepless nites. Knowledge is the best antidote
Constitution is comprised of?
Preamble, The Articles & The Amendments
The Articles
Describe how the new nation would function :federalism” system of governt tat in the U/S recognizes2 concurrent gov. structures
2 Concurrent government structures
The federal and state government. Where each has specific powers.
The Amendments
“The Bill of Rights” Define issues of social liberty & justice afforded to the U.S citizens.
The Constitution
- Supremacy Clause
- Enumerated Powers
- The Interstate Commerce Clause
Supremacy Clause
Supreme law of the land.
Enumerated Powers
Federal government’s powers
The Interstate Commerce Clause
Act of commerce involves more than one state
“Article 1 Sec 8 Clause 18” is freq. used together with The Interstate Commerce Clause to further justifiy congress authority to make certain laws.
Three Branches of Government
- Executive Branch
- Congress
- The Judiciary
Executive Branch (President)
Responsible for carrying out & executing laws made by the congress. Appoints the Cabinet Members, who are then confirmed by the Senate.
Congress (435 Representitives, 100 Senators)
Who passes legislation (statutory law or statutes)
Express powers include the power to tax and to spend those taxes for the citizens welfare, borrow money, to create money, to declare war; to regulate immigration among many others.
The Judiciary
- To interrupt whether laws are constitutional.
- Reviews laws passed by congress & president to ensure constitutional.
- Determine whether lawsuit belongs in the Fed. court or State court.
3 Levels of Courts
- The Trial Court “District Court”
- The Mid-Level Appellate Court “Circuit Court”
- The Highest Level Appellate Court “The Supreme Court”
Cabinet Members
- Vice President
- Head of 15 agencies (Dept. of State, Dept. of Treasury, Dept. of Vets, Dept. of Homelands, Dept. of Transportation, Dept. of Agriculture…)
Admininstrative Law
- Rule making
- Adjudication
- Prosecution
- Advising
- Supervision
- Investigation
Governs the activities of Admin. agencies of Gov. both Fed. & State Gov. have admin laws which enables the federal gov. to exercise its authority & enforce the law…
Common Law
Distinguished from statutory law in that it is made up of a body of principles and rules that are common to entire population.
Stare Decisis
Let the decision stand.
Criminal Law
- State or Federal government is plaintiff
- Person charged with crime is defendant
System of law concerned with crime against the state or someone who has been proven guilty of such offense
Civil Law
-Typically plaintiffs and defendants are private citizens or companies
System of law concerned w/lawsuits between individual or the state where the case does not relate to the violation of criminal statute.
Crime
The performance of an act forbidden by law or the omission of an act required by law.
Crimes are divided into felonies & misdemeanors
Felony
A crime more serious than a misdemeanor & punishable by imprisonment for more than a year or death
Misdemeanor
An offense less serious that a felony and which maybe punished by a fine or sentence to local prison for less than a year.
Assault
attempt to threat or inflict bodily injury on another person w/apparent ability to do so.
