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"those guides to social conduct which are created and enforced by public officials." (p.6) |
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Ways laws may be categorized. (p.7) |
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1) How they regulate behavior 2) If they impose a duty 3) If they grant a power 4) Procedural laws 5) Substantive 6) criminal 7) civil |
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Example of how law regulates behavior. |
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eg. you may be punished if you drive a car without a drivers licence. or If you choose to drive and drive carelessly, the law may require you to pay damages to anyone you hurt. |
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How dose a law impose a duty/obligation |
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eg. as in a command, like "you cannot drive over 65", usually if someone has a duty to do something, someone else has the right to inforce it (p.7). |
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The are like priviages, they may apply to some and not others. Powers commonly are accorded to public officials, but, private citizens have the right to sell their home. Yet, a person many sell their home, the law prohibits her from refusing to sell her home to a person based on their race. |
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It sets fourth how someone must proceed to obtain certain results fromthe legal system. |
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What are substancive Laws? |
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They set forth the possible results and how one must behave in everyday life. |
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What are procedural criminal and laws? |
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Procedural crimal laws regulate the operation of the criminal justice system. All other predural laws are civil laws. p. 8 |
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What is the legal system? |
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It is both the governmental systems that produce, administer, and enforce the law and the body of law that is prduced, administered, and enforced. |
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Laws that usually are drafted by special conventions and adopted by the people who are to be governed by them. |
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Local governments version of a constitution. |
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A law passed by a legislative body whether by congress, a state legislature, or a local legislative body. |
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A type of legislation passed by Congress or State Legislations. |
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A local law, usually on the municipality level, that, when fully enacted, has the same effect and force as a statute within that municipality. |
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it begins as a bill in either congress or house: it is read commitee votes on if passed then goes to the senate if passed then goes to the house if passed then it goes to president 2/3 congress vote to overide veto of president bill becomes an act/code and a law when president signs
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How can a social worker influence legislation? |
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Definition
Propose a bill help legislatiors draft bills submit written statements to committess on bills or oral testimonies at committee hearings
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It can create social programs and tax citz. to raise money for it. It can create an administrative agency to enforce and produce the law on its own. it can establish new rights and obligation of citizen or out law certain contuct it can not be inconsistent with the Constitution
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Genrally known as the "rules", they fill in the details of the statute or interpret it. |
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They are like regulations, they are formal published rles regulating the operation of certain courts. Like regulations they may interpret or fill in the dtailsof legislation. |
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Promulgation is the formal process of putting an administrative regulation into effect. |
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What is an executive order? |
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They are like regulations, except there may be no promulgation process or officially designated publication in which they are published. |
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When a judge, during a dispute, has to determine the meaning and scope of an applicable constituional provision, statute, law, or grulation. it is often called construction. |
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The process of interpreting existing laws in which a engages is called construction. |
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The civil law relating to one person's liablity for injuring another person (it's a law that was developed in the courts). |
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Laws made by the court, developed by the courts in england and later adapted to American needs. |
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How is a regulation promulgated |
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Definition
Government have statutes that set forth the process by which regulations are to be promulgated. they are found in something called an Advinistrative Procedures Act |
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How can S.W. Influence Regulations |
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Definition
By drafting regulations, alone or with legal staff. But usually by indirect roles such as reviewing publications or websites where proposed regulations are published. Suggest possible regulatory changes to an angency directly or to the interest group which you are affiliated. |
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What should be promulgated as a regulation? |
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Definition
Rules that are not promulgated make things difficult for those outside the agency who must deal with the agency. |
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Constitutional princibles expressly set forth in th 10th ammen. that the "powers not delegated to the us by the constitniution nor prohibited by it to the states are reserved to the states respecively or to the people. |
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The constitution gives the federal government? |
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Definition
a few specific powers, like providing for the national security and establishing a nataion system of currancey. |
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Definition
one of three books that contain statutes. session laws contain all the statutes in jurisdition printed exactly as they were enacted in the order which they were enacted. Legislature enacts a whol scheme that includes many rules in a roup of many different statues. it is often called an act or a code. |
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that is legislation of limited authority another common forms of legislation |
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excutive branch of govenment makes laws, too, at fed. stat. and local levels. these laws that are generated are called regulations or rules. or delgated legislation because the legislative body delegates its power to creat law. the process of producing a regulations is call promulgation. |
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Begins as a Bill, all the acts are found in the one bill, but each will be individually numbered. Groupings may include titles, articles, or chapters. |
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who collects child support? |
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Definition
Fed government has enacted a law to aid in collection of child support accross the state lines and to ensure that children receiving fed welfare benefits get child support. (p.19) |
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Who regulates immigration from other countries? |
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Who provides programs for substance abuse? |
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Definition
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What laws cover treatment for subtance abuse, physical, and mental health. |
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Is a supreme federal lasw, but does not apply to small employeers who are not in interstate commerce. The state makes laws for them |
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established by the feds, but states may establish higher ones. |
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Noth American Free Trade Agreement Implementation of the North American Free Trade Agreement (NAFTA) began on January 1, 1994. This agreement will remove most barriers to trade and investment among the United States, Canada, and Mexico. |
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Common Laws come to Hawaii from? |
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Means "Stand by decision" If a prior case has significant facts that are similar to the facts of the case before the court, a court in ths same jusidiction as the court that decided the similar and lower in th hierachy is required to follow the ruling of law in the similar case and come to the same result. the earlier case established the precedent. |
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what makes using Stare Decisis difficult |
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Definition
It is in determining if the facts in the prior case are significant and similar enough to the facts in the case before the courts. |
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Legislative history in Black's Law dictionary |
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Definition
"the background and events, including committee reports, hearings and floor debates, leading up to an enactment of an act." Such history is important in determining the legislative intent of a particular statute. |
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trial court district court or cuircut cout need standing |
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The necessity of a court decision is called ripeness |
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The necessary interest of a party bringing a case is referred to as standing. |
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Term
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Definition
In order to consider a case a court must have at least two different kinds of juristiction. - Subject Matter Jurisdiction-over the type of issues involved
- Personal jusridiction-geographical or territorianl jurisdiction over the parties
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Definition
- family court-family and juvenile matters
- probate court-estates after death
- chancery/equity courts-civil claims other than $
- courts of claims-claims for $ against govern.
- small claims courts-between individs. simple
- housing courts-low level,landlord/tenant
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two levels: - Court of Appeals-intermediate
- Supreme Court (court of last resort) may accept or refuse to hear
Cases are appealed from trial court to intermediate then to supreme court |
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when a federal court declines jurisdiction to let the state decide a case. |
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When reading a case: Issue: first page Rule: sometimes first page-what is rule of law Application-How was the rule used Conclusion-How did the conclusion come about
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important part of being certain a law is still valid, or good, and thus important to a new case going to trial |
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Definition
a tool for finind cases that interpet a statute, precendent, and for determining if a cas has been overruled or distinguised. Has citations, without case names, some computerized services |
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Why are civil cases easier to prove? |
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Definition
Because you do not have to find guilt beyond a reasonable doubt. Uses proponderences |
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How many judges on appellate court |
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Definition
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Term
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Definition
contain all the statues in a jurisdiction printed exactly as they were enacted and in the order they were inacted. they rarely enact a single statute, but enact a whole legislative scheme |
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Definition
Begins as a Bill, is a group of statutes enacted at one time, also known as a code |
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What happens when a bill is introduced? |
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Definition
It is assigned a number reflecting the chamber in which it has been introduced, like the senate bill(SB) or House bill (HB). |
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The book where the grouped statues are, also known as revised statutes. When statutes are codified they are renumbered |
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supplements to codified statutes go into the back of the hard bound books because they can be republished each time there is a revision. |
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Annotated Codified Statutes |
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Definition
reference books by private companies that interpet statutes. The two versions are: - The US Code Annotated (U.S.C.A.)
- The U.S. Code Service (U.S. C.S.)
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Hawaii Digest (West Publishing) |
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Definition
Digests are multi-volume sets that index published court cases by topic and case names. |
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