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Where does the law come from? The Constitution
NOTE: The U.S. Constitution allocates the powers of government between states and the federal
government powers not granted to the Fed Govt are retained by states or are left to the ppl.
Laws and the Legal System serve what key roles in society? 1. influencing the behavior
of the members of a society.
2. resolving disputes within society
3. maintaining important social values
4. providing a method for assisting social change
Stare Decisis is the principle that courts are often influenced by and have the choice to
follow what other courts have done.
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deciding of new cases by referencing previous decisions is the foundation of the Angelo-
American judicial process
"TO STAND ON DECIDED CASES"; judges expected to stand by established rules of law.
Examples of Societal Changes Resulting in Diff. Stare Decisis outcome - Gay Marriage /
Gay Rights in Employers
- Paternity tests and marriages
**Change in law due to societal changes
Davis v. Wall Industrial Contractor Case (Change in law)
Judicial Review is the doctrine under which legislative and executive actions are subject
to review by the judiciary. A court with judicial review power may invalidate laws and decisions
that are incompatible with a higher authority, such as the terms of a written constitution.
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- Judiciary also reviews actions taken by the executive branch and admin agencies to make sure
they comply w/ the constitution
Laws created by federal and state legislatures are known as: Statutory Law or Written
Laws
Ethics in context of business practitioners has to do with rules or standards governing the
conduct of members of a profession and how standards are put into action within an org
Integrity living by a moral code and standards of ethics
Morality concerns conformity to rules of correct conduct within the context of society,
religion, or other institutions.
Ethics, Integrity, and Morality are voluntarily adopted standards of conduct
Federal Judges nominated by the president and confirmed by a majority vote in the US
Senate.