Miscellaneous Flashcards
(30 cards)
I
D
D
R
Inquiry
Discussion
Decision
Review
What are the four primary sources of law?
US and state constitutions
Statutory laws (Congress, legislatures, other governing bodies)
Regulations (admin agencies e.g. EPA etc.)
Case law (court decisions)
Secondary Sources of Law
examples
legal encyclopedias compilations restatements official comments articles published by law schools articles published in other legal journals
10th Amendment
The 10th Amendment reserves to the states all powers not granted to the federal government.
Sanctuary City
A city that does not strictly follow federal immigration laws (notification and detention of undocumented immigrants)
NCCUSL
National Conference of Commissioners on Uniform State Laws
UCC
Uniform Commercial Code
Uniform Commercial Code
Established 1952 to provide set of rules governing commercial transactions.
Adopted in all 50 states, DC, and the Virgin Islands.
federal independent regulatory agencies
name 3
federal trade commission
securities and exchange commission
federal communication commission
Executive Agencies
name 3, along with the cabinet department
food and drug administration - health and human services
Federal Trade Commission
1914
15 U.S.C. Sections 45-58
APA
Administrative Procedure Act
Administrative Procedure Act (APA)
Requirements for rulemaking (name 3)
Notice of proposed rulemaking in Federal Register
Comment period
Final rule published in Federal Register
Interpretive Rules
Not legally binding, indicates how an agency plans to interpret and enforce authority. (APA does not apply.)
Major Processes of Administrative Agencies
Rulemaking
Enforcement and Investigation
Adjudication
ALJ
Administrative Law Judge
Curiae Regis
King’s Courts - established by Normans after conquering England in 1066, intended to unify the country under Norman rule.
Precedent
A court decision that furnished an example or authority for deciding subsequent cases involving identical or similar legal principles or facts.
Year Books (3 points)
Began late 13th - early 14th centuries
Compiled portions of significant legal decisions
Discontinued in the 16 century (replaced by other methods of recording and reference)
Jurisdiction
A geographic area in which a court or courts have the power to apply the law
STARE DECISIS
“to stand on decided cases”
- A court should not overturn its own precedents unless it has a strong reason to do so.
- Decisions made by a higher court are binding on lower courts.
Persuasive Authority
3 pts
- legal authority
- court may consult for guidance
- not binding on the court
public policy
governmental policy based on widely-held societal values
Sources of Persuasive Authority
precedents from other jurisdictions
underlying legal principles and policies of previous court decisions or existing statutes
fairness, social values and customs, public policy
unpublished opinions not intended for publication
