1Precedent
The tendency to decide current cases based to previous rulings
2Common Law
Judge-made law
3Branches of Government
Legislative, Executive, and Judicial powers
4Legislative Power
Gives the ability to create new laws. Includes Congress
5Congress
House of Reps and Senate
6House of Reps
435 voting members. Based on population
7Senate
100 voting members. 2 from each state
8Executive Powers
is the authority to enforce laws. The president is the Commander in chief of the armed forces.
9Judicial Powers
gives the right to interpret laws and determine their validity. Supreme Court is the head of the Judicial branch.
10Checks and Balances
President can veto Congressional Legislation. Congress can impeach the president. The Supreme Court can void laws passed by Congress. The President appoints judges to the federal courts, including the Supreme Court, but these nominees do not serve unless approved by the Senate.
11State Constitution
establishes the state government guarantees the rights of state residents
12US Constitution
establishes limited federal government protects states' power guarantees liberty for citizens.
13State Legislature
passes statues on state law creates state agencies
14Governor
proposes statues signs or vetoes statues oversees state agencies
15State Courts
create state common law interpret statues review constitutionality of statues and other acts
16Congress
passes statues ratifies treaties creates administrative agencies
17president
proposes statues signs or vetoes statues oversees administrative agencies
18Federal Courts
interpret statues create federal common law review the constitutionality of statues and other legal acts
191st Amendment
Free speech, free press, and the free exercise of religion
204-6 Amendment
protect the rights of any person accused of a crime
21Statue
a law created by a legislature
22Bill
A proposed statue submitted to Congress or a state legislature. Must win majority vote in each chamber
23If Congress passes a bill...
Goes to president for approval. If president vetoes, congress can override the veto with a 2/3 vote in the House and the Senate.
24Stare Decisis
"Let the decision stand"
25regulations
Laws that agencies create.
26Criminal Law
prohibits certain behavior for the benefit of society.
27Civil Law
regulates the rights and duties between parties
28Jurisprudence
the philosophy of law
29Sovereign
The recognized political power, whom citizens obey.
30The law must have
a moral basis
31Legal Positivism
Law is what the sovereign says
32Natural Law
An unjust law is no law at all
33Legal Realism
Who enforces the law counts more than what is in writing.
34Plaintiff
The party who is suing
35Defendant
The party who is being sued.
36Holding
statement of who wins and who loses