LAW 404 (All questions are solved)

Arguments for Constitution correct answers - stability - good substance - ongoing popular support - amendment and evolution through judicial interpretation - one American people that exists over time Constitutional Law Fundamentals (themes) correct answers 1. Federalism 2. Separation of Powers (SOP) 3. Individual Rights Positive Law correct answers law enacted by the proper authority for a specific government (laid down by legislature, courts or other human institution) (e.g. U.S. fed. gov't consist of three different branches described in Art. I, II, and III) Natural Law correct answers law which exists independent of the positive law (morals) (e.g. "We hold these truths to be self- evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. Primary types of laws correct answers I. Constitutions II. Statutes III. Procedural Rules Primary sources of law correct answers 1. citizens voting directly or through their representatives 2. Elected legislative bodies (e.g., congress, state legislature, city council, etc.) 3. Adjudicating bodies (i.e., courts or agencies) Easy cases correct answers cases in which the governing rule clearly and decisively resolves the legal issue posed by the facts resolved by the Constitution and past Supreme Court decisions Hard cases correct answers application step must weigh arguments in both sides turn, in significant part, on institutional arguments (e.g. Federalist 10 & Anti-Federalist critique) Institutional choices: Federalsim correct answers Federal vs State Government Institutional choices: Separation of Powers (SOP) correct answers Three branches of government Institutional choices: Individual Rights correct answers Democratically elected officials vs. individual rights Federal Strenghts correct answers - More resistant to the Tyranny of the Majority. - ability to deal with interstate spillovers.