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Terms in this set (71)
What are the four primary sources of US/State Constitutions, Statutory Law, Administrative
American law mentioned in the text? Law, and Case Law/Common Law Doctrine.
According to the Supremacy Clause, The U.S. Constitution.
what is considered the supreme law of
the land in the United States?
The _____ Amendment reserves to the Tenth
states all powers not granted to the
federal government.
Term: Statutory Law Definition: Laws enacted by legislative bodies, such
as Congress, state legislatures, or local governing
bodies.
Laws passed by Congress are codified United States Code (U.S.C)
in the _____.
Regulations passed by local Ordinances
governments, such as those for zoning
or building codes, are known as _____.
What is a 'Uniform Law' and when It is suggested legislation (a model statute) that only
does it become actual law? becomes law if adopted by a state legislature.
What is the purpose of the Uniform To facilitate commerce among states by providing a
Commercial Code (UCC)? uniform set of rules for commercial transactions.
, Term: Administrative Law Definition: Rules and regulations passed by
administrative agencies at the federal, state, or local
level.
Regulations from federal Code of Federal Regulations
administrative agencies are codified in
the _____.
What is the key difference between an Executive agency officers can be appointed and
Executive Agency and an removed by the president, while independent
Independent Regulatory Agency? agency officers serve for a fixed appointment term.
What happens if a state administrative The federal rule prevails.
agency rule conflicts with a federal
agency rule?
Term: Case Law Definition: Rulings by judges ( judge-made law) that
interpret constitutions, statutes, and administrative
regulations.
The common law doctrine of _____ Stare Decisis
obligates judges to follow precedents
established by prior court cases in
their jurisdiction.
What are the two exceptions that Arguing the fact pattern is different, or the court
allow a court to depart from stare deciding its past rulings were incorrect.
decisis?
What is the only way to overturn a By changing the Constitution through the
decision made by the U.S. Supreme amendment process (Article 5).
Court?
How does civil law differ from criminal Civil law concerns disputes between individuals (e.g.,
law? contracts, torts), while criminal law addresses wrongs
against society.