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Flashcards in week 1 notes Deck (103)
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1

What is law? (3)

1. governmental rule
2. prescribing conduct
3. carrying a penalty for violation

2

distinguish religion, ethics, morality, social clubs, etc.

governmental rule

3

wrongful conduct as well as what is right

prescribing conduct

4

money damages/ deprivation of liberty

carrying a penalty for violation

5

each colony was a "nation" unto itself
-negotitate treaties, currency, militia
-had power/responsibility to see to the health and welfare of its citizens
-police power to regulate an orderly society

colonies of the constitution

6

created the United States- federal government
-states gave up certain rights
-fed. gov. would defend the country with army and navy
-fed. gov. would regulate commerce with foreign nations and among the states
-fed. gov. would negotiate treaties
-fed. gov. would enact uniform laws on bankruptcy

-all classified as enumerated powers

1787 constitutional convention

7

also known as statues or acts or codes

legislation

8

-congress consists of the house of reps. and the senate
-reps and senators are elected by citizens
-there is both a federal congress and all but one state has a congress

laws written by congress

9

legislation passed by congress, both fed and state must be authorized by

constitution

10

legislation passed by congress but not authorized by the constitution will be declared ___ by the court system

unconstitutional

11

laws written by a local muicipality are classified as
-local municipalities include counties, cities, boroughs, townships, villages
-L. Municipalities may have council, committee which acts the same as congress
-council can only write laws that are authorized by a state statue ex. zoning, noise, building codes, construction codes, open container laws, parking codes, etc.

ordinances

12

also known as judicial law, judge made law, precedent, stare decisis and common law.
-court system also know as judiciary

case law

13

how do judges make laws?

1. judges determine facts, what happened?
2. judge determines what law is controlling
-is a statue addresses situation; judge must interpret statute and apply statute
-if no statute, judge must locate prior decisions, or no prior decisions must consider local customs in the community that are followed

14

when a judge makes a decision based on community standards, and this decision is upheld by an appellate court, this becomes new law and is the purest form of common law

case law process

15

creation and operation of administrative agencies
-exist in both federal and state systems

administration law

16

what does the enabling act do?

1. creates the agency
-id's the qualifications for the members to be selected
-id's purpose of the agency and the scope of the power of the agency
2. empowers the agency
-authorize the agency to pass rules and regulations
-promulgation
-legislative function
-authorizes the agency to enforce the rules
-executive function
-authorizes the agency to conduct hearings
-judicial function

17

process of passing rules and regulations

promulgation

18

if an agency performs an unauthorized act or acts in excess of its scope of authority the act is ___
- "can add too but not take away"

ultra vires

19

classification of crimes ; based on severity

1. most serious ; felony
2. less serious ; misdemeanor
3. least serious ; petty offense also known as summary offense

20

felonies (6)

1. homicide/manslaughter
2. aggravated assault
3. rape
4. robbery
5. theft
6. drug offenses

21

unlawful taking of human life

homicide/manslaughter

22

serious injury usually caused by weapons

aggravated assault

23

unlawful sexual acts

rape

24

forcible taking property with the use of a weapon

robbery

25

unlawful taking of large amount of a persons property

theft

26

distribution of controlled substance

drug offenses

27

misdemeanors

1. simple assault
2. theft
3. driving under the influence
4. drug offenses

28

no weapon and injury not as serious as aggravated

simple assault

29

taking a lesser amount of a persons property

theft

30

operating a vehicle while impaired

driving under the influence