What is the law? - Answers A body of rules and conduct prescribed by controlling authority and
having binding legal effect
Law is prescribed by whom? - Answers Separation of Powers
What is the separation of powers? - Answers Three branches of government, whose rights are
derived from the Constitution
What are the three branches of government, the rights of each branch? - Answers Executive:
President has treaty power
Legislative: Congress can legislate in certain areas
Judiciary: can create law through court decisions
Who determines whether a law has "binding legal effect"? - Answers Judicial Review
Examples of law changing and adjusting with changing social norms - Answers - affirmative
action
- role of women
- Plessy v. Ferguson
- intellectual property law
- international law
- environmental law
- internet
corporate and financial meltdowns
Common Law - Answers - English
- equity before the law
- respect for established rights
- impartial administration of justice
History of Common Law - Answers - William the Conqueror combined Norman civil law
(influenced by France and Ancient Rome) with law of England
King's Court - Answers - civil and criminal legal matters
,- dealt monetary damages
- known as the Court of Law
Chancellor Court - Answers - Court of Equity
- Judges determine solutions
- e.g. give possessions back
English Source of US Law - Answers - Common Law characteristics
- King/Chancellor Court combined
- Precedents established for future judgments
Federalism - Answers Union of states under federal government
What is the foundation of all US laws? - Answers the Constitution
What are the different sources of law? - Answers - Constitution
- Executive Orders
- Treaties
- People's Initiatives
- Legislative
- Law by Courts
Stare Decisis - Answers - mandate that inferior courts follow decision of superior courts
- only a higher court can overrule a lower court
- horizontal courts MAY CONSIDER earlier precedent, but horizontal decisions NOT BINDING
- provides stability and predictability to legal system
Marbury v. Madison - Answers The Supreme Court has the right to determine the meaning of the
Constitution.
The Court has the power to conduct judicial review of Congress.
Alternate references for term common law - Answers - Case Law (judge made law)
- Unwritten Law (inherited traditions and rules)
- a system inherited from England
, Stare Decisis Application Test - Answers - Jurisdiction Issues
- Similarity of Facts
- Currency
--- Changes in cultural values
--- Changes in scientific knowledge
An example of stare decisis being overturned due to change in cultural values - Answers - Brown
v. Board of Education overturned in Plessy v. Fergusson
- Citizens United v. Federal Election Commission overruled Austin v. Michigan Chamber of
Commerce
How to Apply Stare Decisis - Answers 1. Facts identical to those of previous decided case
(Argue the Law.)
2. If the facts are not the same, and the underlying rationale doesn't apply, distinguish the cases
and limit rule of old case (Argue the Facts.)
3. If the facts are different, but the underlying rationale makes sense, extend rule of old case
(Argue the Policy.)
4. If the facts are identical, but underlying rationale doesn't apply, overrule the previous
precedent (Argue the Change Based on New Sciences or Values.)
How to Cite a Case to the Court (Cite a case where...) - Answers 1. ... the trial court sided with
opponent and was reversed by appellate court.
2. ... the trial court sided with you and was affirmed by appellate court.
3. ... where dicta helps