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Rationales
Included
,The Law serves to 1) keep the peace
2) maintain the status quo
3) preserve individual rights
4) protect minorities against majorities
5) promote social justice
6) provide for orderly social change
3 Branches of government Legislative, Executive, Judicial
The Bill of Rights The first ten amendments to the Constitution
Sources of Law statutory law, regulatory law, common law
Statutory Law the term used to define written laws, that criminalize certain actions and spell out
penalties for violation
Common Law Judge-made law that originated in England from decisions shaped according to
prevailing custom. Decisions were applied to similar situations and gradually
became common to the nation.
stare decisis let the decision stand
precedent may shift or change over time
Roe v. Wade (1973) Abortion rights fall within the privacy implied in the 14th amendment
Brown v. Board of Education 1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially
segregated facilities are inherently unequal and ordered all public schools
desegregated.
Administrative Law a branch of law that governs the creation and operation of administrative agencies
Administrative Agencies created to protect a public interest rather than to vindicate private rights (OSHA,
EPA, FTC)
Rules and regulations Laws made by administrative agencies
Enabling Legislation How Congress creates a federal agency
, FTC Federal Trade Commission. Protects consumers from misleading and fraudulent
advertising. Reviews advertising claims. Can order a company to change their ad
What kind of law is made when an appellate court Common Law
endorses a rule to be used in deciding court cases?
Which kind of law is based on the interpretation of an Common Law
existing law?
Which kind of law is enacted by state or federal Statutory Law
legislatures?
Which type of law is used when the Federal Administrative Law
Communications Commission publishes a regulation on
cigarette advertising on television?
The FDA prohibits Drug A from being marketed in the US. Agency Regulation
What is this an example of?
Statutory Law is to legislative bodies as common law is to courts
If in 1900, the Minnesota Supreme Court ruled that a minor precedent
can void a contract at any time during minority, and, in
2014, the courts in Minnesota still follow this ruling, what is
this an example of?
What do administrative agency rules consist of? Legislative and interpretive rules
Litigation the process of bringing in an court to settle a dispute
Prosecution criminal trial
Plaintiff civil trial
Opposing side the defense
Defendant the alleged wrongdoer
Claim a claim is a separate violation of the law