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Law and Ethics of Social work
Midterm
68
Law
Graduate
07/04/2008

Additional Law Flashcards

 


 

Cards

Term

Define: Law

Definition
"those guides to social conduct which are created and enforced by public officials." (p.6)
Term
Ways laws may be categorized. (p.7)
Definition

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

Term
Example of how law regulates behavior.
Definition
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.
Term
How dose a law impose a duty/obligation
Definition
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).
Term
In law what are powers?
Definition
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.
Term
What is procedural law?
Definition
It sets fourth how someone must proceed to obtain certain results fromthe legal system.
Term
What are substancive Laws?
Definition
They set forth the possible results and how one must behave in everyday life.
Term
What are procedural criminal and laws?
Definition
Procedural crimal laws regulate the operation of the criminal justice system.  All other predural laws are civil laws. p. 8
Term
What is the legal system?
Definition
It is both the governmental systems that produce, administer, and enforce the law and the body of law that is prduced, administered, and enforced.
Term

What are Constitutuions?

Definition
Laws that usually are drafted by special conventions and adopted by the people who are to be governed by them.
Term
That is a charter?
Definition
Local governments version of a constitution.
Term

What is legislation?

Definition
A law passed by a legislative body whether by congress, a state legislature, or a local legislative body.
Term

What is a statute(s)

Definition
A type of legislation passed by Congress or State Legislations.
Term
What are Ordinances
Definition
A local law, usually on the municipality level, that, when fully enacted, has the same effect and force as a statute within that municipality.
Term
How is a statue inacted
Definition
  • 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
Term
How can a social worker influence legislation?
Definition
  • Propose a bill
  • help legislatiors draft bills
  • submit written statements to committess on bills
  • or oral testimonies at committee hearings
Term
What can a statue DO?
Definition
  1. It can create social programs and tax citz. to raise money for it.
  2. It can create an administrative agency to enforce and produce the law on its own.
  3. it can establish new rights and obligation of citizen or out law certain contuct
  4. it can not be inconsistent with the Constitution
Term
What do regulations do?
Definition
Genrally known as the "rules", they fill in the details of the statute or interpret it.
Term
Rules of Court
Definition
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.
Term
What is promulgation?
Definition
Promulgation is the formal process of putting an administrative regulation into effect. 
Term
What is an executive order?
Definition
They are like regulations, except there may be no promulgation process or officially designated publication in which they are published.
Term

What are court-made Laws

Definition
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.
Term
What is construction?
Definition
The process of interpreting existing laws in which a engages is called construction.
Term
What is tort liability?
Definition
The civil law relating to one person's liablity for injuring another person (it's a law that was developed in the courts).
Term
What is Malpractice
Definition
A type of tort liability
Term
Common Law or Precedant
Definition
Laws made by the court, developed by the courts in england and later adapted to American needs.
Term
How is a regulation promulgated
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

Term
How can S.W. Influence Regulations
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.

Term
What should be promulgated as a regulation?
Definition

Rules that are not promulgated make things difficult for those outside the agency who must deal with the agency.

Term
tenth Ammendment states:
Definition

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.

Term
The constitution gives the federal government?
Definition

a few specific powers, like providing for the national security and establishing a nataion system of currancey.

Term
session laws
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.

Term
Resolutions
Definition
that is legislation of limited authority another common forms of legislation
Term
Regulations
Definition

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.

Term
An Act
Definition

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.

Term
who collects child support?
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)
Term
Who regulates immigration from other countries?
Definition
the federal government
Term
Who provides programs for substance abuse?
Definition
Federal government
Term
What laws cover treatment for subtance abuse, physical, and mental health.
Definition

State Laws (p.21)

Term
Osha Laws
Definition
Is a supreme federal lasw, but does not apply to small employeers who are not in interstate commerce. The state makes laws for them
Term
Minimum wage
Definition
established by the feds, but states may establish higher ones.
Term

NAFTA

Definition

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.

Term
Common Laws come to Hawaii from?
Definition
New England
Term
Stare Decisis
Definition

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.

Term
what makes using Stare Decisis difficult
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.
Term
Legislative history in Black's Law dictionary
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.
Term
Case Law is Made where?
Definition
court
Term
court system
Definition

trial court

district court or cuircut cout

need standing

Term
Ripeness
Definition
The necessity of a court decision is called ripeness
Term
A Standing
Definition
The necessary interest of a party bringing a case is referred to as standing.
Term

Jurisdiction

Definition

 In order to consider a case a court must have at least two different kinds of juristiction.

  1. Subject Matter Jurisdiction-over the type of issues involved
  2. Personal jusridiction-geographical or territorianl jurisdiction over the parties
Term
Specialized courts
Definition
  1. family court-family and juvenile matters
  2. probate court-estates after death
  3. chancery/equity courts-civil claims other than $
  4. courts of claims-claims for $ against govern.
  5. small claims courts-between individs. simple
  6. housing courts-low level,landlord/tenant
Term
Appellate Courts
Definition

two levels:

  1. Court of Appeals-intermediate
  2. Supreme Court (court of last resort) may accept or refuse to hear

Cases are appealed from trial court to intermediate then to supreme court

Term
Abstention
Definition
when a federal court declines jurisdiction to let the state decide a case.
Term
I.R.A.C.
Definition

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
Term
shepardizing
Definition
important part of being certain a law is still valid, or good, and thus important to a new case going to trial
Term
shepards citations
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

Term
Why are civil cases easier to prove?
Definition
Because  you do not have to find guilt beyond a reasonable doubt. Uses proponderences
Term

How many judges on appellate court

Definition
it is a panel
Term

Session Laws

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

Term

Act

Definition
Begins as a Bill, is a group of statutes enacted at one time, also known as a code
Term

What happens when a bill is introduced?

Definition

It is assigned a number reflecting the chamber in which it has been introduced, like the senate bill(SB) or House bill (HB).

Term
Codifying
Definition
organize statutes
Term
Codified statutes
Definition

The book where the grouped statues are, also known as revised statutes. When statutes are codified they are renumbered

Term
Pocket Parts
Definition
supplements to codified statutes go into the back of the hard bound books because they can be republished each time there is a revision.
Term

Annotated Codified Statutes

Definition

reference books by private companies that interpet statutes. The two versions are:

  1. The US Code Annotated (U.S.C.A.)
  2. The U.S. Code Service (U.S. C.S.)
Term
Hawaii Digest (West Publishing)
Definition

Digests are multi-volume sets that index published court cases by topic and case names.

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