Term
| What are the different types of law? |
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Definition
Constitutions
Treaties
Statutes
Administrative Regulations
Executive Orders
Ordinances
Common Law and Equity |
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Term
| Describe what a constitution is |
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Definition
➢ Created by legislature, ratified by super majority
➢ Defines structure of government, allocates divided power
➢ Sets limits on government power
➢ The most democratic of all legal authorities in the US
➢ Each individual state has its own constitution |
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Term
| How are treaties created? |
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Definition
| ➢ Negotiated by President and approved by Congress (Senate) |
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Term
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Definition
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Term
| Who creates Administrative Regulations? |
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Definition
| ➢ Created by executive agencies exercising power delegated to the agencies by the legislature |
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Term
| What is an executive order? |
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Definition
| ➢ Created by executive using power granted by Constitution or delegated by legislature |
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Term
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Definition
| ➢ Legislative acts by state subdivisions (e.g., cities, towns) |
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Term
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Definition
➢ Legal rules adopted by judges in court decisions in certain areas of law (torts, property, contracts)
➢ Common law is state law (not federal law) |
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Term
| What are the 6 rules of Priority |
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Definition
1. Federal law trumps state law
2. State law trumps municipal (city/town) law
3. Constitutions trump statutes
4. Treaty trumps statute on foreign matters; on domestic matters, most recent (treaty or statute) prevails
5. Statutes trumps administrative regulations and executive orders
6. Statutes, administrative regulations, and executive orders trump common law |
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Term
| 11 Steps of Legal Hierarchy |
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Definition
1. U.S. Constitution
2. Federal treaty or statute
3. Federal administrative regulation
4. Federal executive order
5. State constitution
6. State statute
7. State administrative regulation
8. State executive order
9. Municipal ordinance / legislation
10. Municipal executive order
11. Common law |
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Term
| What is statutory interpretation? |
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Definition
Refers to methods judges use to interpret written laws
➢ Where people enact a written law (e.g., a statute, a treaty, an ordinance), courts must interpret the law in order to apply it |
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Term
| 5 different methods of statutory interpretation |
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Definition
➢ Plain meaning: Interpret laws according to the commonly accepted meaning of the words used in the law
➢ Legislative history and intent: Interpret laws by looking at the history of the law and the intent of the people who created it
➢ Prior interpretations: Interpret laws according to how others (courts, government agencies) have interpreted the law in prior cases
➢ General public purpose: Interpret laws in accordance with the broad, general goals of public policy
➢ Maxims: Interpret laws using general “rules of thumb” |
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Term
| Define Case-Law reasoning |
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Definition
The process of deciding cases based on the reasoning in prior cases
➢ Court decisions in prior cases are examples of “prior interpretations” of laws |
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Term
| What does stare decisis mean? |
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Definition
| “Like” cases should be treated alike |
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Term
| In what way do courts often refuse to follow a previous precedent? |
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Definition
| by explaining why the prior case is different from the current case in some significant way (“distinguishing” prior cases) |
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Term
| Explain how binding precedents are different from non-binding |
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Definition
➢ Prior decisions by the same court and/or any reviewing courts (“bosses”) are binding precedents in similar cases
➢ Prior decisions of other courts are not binding precedent, but courts may follow them because they are persuasive |
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