4 sources from which law originates
1. Case Law
2. Statues & Ordinances
3. Constitutional Law
4. Administrative Law
3 branches of gov
Executive, legislative, judicial
U.S. Constitution considered the "highest law":
It sets out the framework of the federal government, including its division into executive,
legislative, and judicial branches, and provides guidelines for the government's
operation
Why are constitutions considered the "most powerful" laws?
It is the most fundamental law of a particular jurisdiction and specifies the government's
form, functions, and operating procedures.
Sets relationship between government and the people.
Why do state constitutions tend to be similar to the federal constitution?
Most states joined the Union after the adoption of the federal Constitution and,
according to the U.S. Constitution's rules for admission of new states, the constitution of
each applicant state must be approved by Congress
function of Bill of Rights:
Serves as a model for other nations and as a focal point of hope and inspiration for
oppressed people in America and around the globe.
(First ten amendments)
May a state restrict its residents' freedoms to a greater degree than the U.S.
Constitution does?
No, it may not restrict the minimum level of freedoms guaranteed for all U.S. residents.
If it wishes, however, a state through its constitution may guarantee its citizens greater
liberties than does the U.S. Constitution
doctrine of judicial review:
It is the role of each court to interpret that jurisdiction's constitution
Who is the final authority on the meaning of the U.S. Constitution?
The U.S. Supreme Court; there interpretations must be followed by all other federal and
state courts when the federal Constitution is at issue.
statutes:
laws passed by legislative bodies - the acts of Congress and the fifty state legislatures
Statutes begin as bills
"statutory law" means:
refers to the actual language of the legislative enactments as well as any official
interpretations rendered by the courts
codes of law: