Emily's notes: The Law Flashcards Preview

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Flashcards in Emily's notes: The Law Deck (23):
1

What is law?

All the rules of conduct established by the authority or custom of a nation

2

What are some other definitions of law?

- Any social norm
- Any organized or ritualized method of settling disputes
- Rules of human conduct with appropriate sanctions
- Social engineering (i.e., attemtps to order the way people behave).
- “Those wide restraints that make men free.”
- A system of rules that governs society

3

What are the six sources of law?

- Common law
- Law of equity
- Statutory law
- Administrative law
- Constitutional law
- International law

4

What is common law?

The common law: the judge-made law; precedent; discovered law.

5

What does Stare decisis mean?

Let the decision stand

6

Under common law a court may do three things. These are....

- Modify the precedent
- Distinguish the precedent
- Overrule the precedent

7

What is the law of equity?

The law of equity: judge-made law focused on outcomes that are fair and equitable

8

What is statutory law?

law made my legislative bodies that are case by case sort of laws rather than big issues

9

What is an example of statutory law?

Example: Laws that prohibit people from killing people, driving above speed limits on certain roads

10

What is administrative law?

Administrative law: rules, regulations and guidelines promulgated by duly established administrative agencies

11

What is constitutional law?

Constitutional law: the constitutions of the 50 states, the territories, local charters and the U.S. Constitution

12

What is the fundamental basis for the Constitution?

- Belief in a higher law
o For most religious people it is probably God
o Right vs. Wrong regardless of established law

13

What is international law?

International law: Treaties and other covenants
- Means of settling disputes
- System of justice: social engineering

14

What are the rights enunciated in the First Amendment?

- Freedom of speech
- Freedom of the press
- Freedom of religion
- Freedom to assemble
- Right to petition the government

15

What are the values of the First Amendment?

- It protects an extension of the thought process
- It adds stability to society
- It allows fuller participation in government
- It encourages the search for truth and knowledge

16

What happened after the American Revolution ended?

The Articles of Confederation were adopted

17

What happened in 1785?

Representatives from Virginia and Maryland meet at Mt. Vernon

18

What happened in 1786?

- 1786: Conference to discuss vesting with Congress all regulations regarding commerce. Only 5 out of the 13 states sent delegates

19

What happened may 1787?

Constitutional Convention begins in Philly. Rhode Island did not send a delegate. Each state had only one vote.

20

What happened Sept 17, 1787?

The convention ends. They produce an entirely new document from the Articles of Confederation: The American Constitution.

o 42 delegates present – 3 refused to sign Constitution despite plea from Franklin
 George Mason, the delegate from Virginia, didn’t sign the document because there was no bill of rights

21

What are the seven articles of the Constitution?

- Article I: Powers of Congress
- Article II: Powers of the President
- Article III: Powers of the judiciary
- Article IV: State powers; extradition; admission of new states; guarantee of republican form of government for each state and protection from invasion
- Article V: Amending the Constitution; only if ¾ vote of the states
- Article VI: The Constitution is the supreme law of the land; oaths of office; religious tests not allowed
- Article VII: The Constitution is ratified upon a vote of nine states

22

Explain James Madison's involvement with the Bill of Rights

- Originally didn’t think we needed a Bill of Rights
- During presidential campaign he changed his mind and proposed a bill of rights to gain support from Virginia

23

What were Madison's early provisions with the Bill of Rights?

o“The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.”

o“No State shall violate the equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases.”