Primary Sources of Law

Question 1

Federalism

Answer 1

power is divided between state and federal governments

Question 2

system of checks and balances

Answer 2

3 branches of government keep each other in check

Question 3

The Emoluments Clause

Answer 3

no title of nobility shall be granted by the US and no person holding any office of profit or trust under them, shall without the consent of congress accept any present… from any King, prince, or foreign state

Question 4

Judicial Review

Answer 4

when the judges look at and interpret the law of the state and federal levels with the constitution to see if its constitutional

Question 5

Supremacy Clause

Answer 5

constitutional laws are the supreme laws and judges in every state shall be bound (they are obliged to review state laws and make sure they’re constitutional)

Question 6

judicial restraint

Answer 6

courts must assume all statutes are presumptively valid

Question 7

strict constructionism

Answer 7

you strictly follow the language of the Constitution, interpreting it literally

Question 8

judicial activists

Answer 8

view the constitution as living… the language of the constitution is their starting place, and they interpret the rest from there

Question 9

Commerce Clause

Answer 9

congress may regulate commerce AMONG the states (interstate commerce)

Question 10

Dormant commerce clause

Answer 10

prohibit state legislation that discriminates against interstate or international commerce

Question 11

Full Faith and Credit Clause

Answer 11

requires states to honor each other’s laws and court decisions

Question 12

Privileges and Immunities Clause

Answer 12

ensures that when an individual visits another state, he/she has the same rights and privileges as the residents of that state (cant be discriminated for being a non-resident)
- exceptions: out of state tuition, licenses

Question 13

Establishment Clause

Answer 13

you can believe in any religion you want

Question 14

Exercise Clause

Answer 14

how you exercise it is limited based on the laws in the US

Question 15

Federal Alien and Sedition Act (1798)

Answer 15

crime to write anything false about or to criticize the government

Question 16

Federal Sedition Act/Schenk v US (1919)

Answer 16

made fighting words an exception to the 1st Amendment

Question 17

Federal Alien and Registration Act/Smith Act (1950)

Answer 17

crime to advocate for the overthrow of the government

Question 18

Statutory Law

Answer 18

Written laws passed by legislatures (state or federal)(how state codes are formed/added)

Question 19

Uniform Statutes

Answer 19

Laws made by the federal government that states can choose to reject or adapt in part of in full

Question 20

Administrative Law

Answer 20

created by administrative agencies - branch of government created by an enabling stature to govern a specific area of the law

Question 21

Common Law/Case Law

Answer 21

judge-made law by interpreting constitutions and statutes

Question 22

Judicial Restraint

Answer 22

judges must stick to the plain language of a statute (only if language is ambiguous may they sub their judgement for the law which is very hard to do)

Question 23

Stare Decisis

Answer 23

Doctrine requires that courts adhere to and apply principles of law that have been decided in prior cases as precedent in that court and courts of higher rank within that jurisdiction and apply it to later cases that include substantially the same facts or issues

Question 24

Ex Post Facto

Answer 24

law the imposes criminal liability or increases criminal punishment retroactively

Question 25

Writ of Mandamus

Answer 25

A court order to an elected official to do his job