Types of Law
Based on "what the law is" instead of "ought to be" and not focused on morality
HINT: Meant to look at laws with a critical eye, separates law from morality
What is Positive Law
This is the 3 Rules from the Secondary Rule
Extra 100 for naming what they are
What are rules of: change, adjudication, and recognition?
What is Federalism?
Factors that can sway judges decision that is separated from solely focusing on the law-
HINT: in relation to gender, diversity, age, etc.
What are extra-legal factors?
The Pigs in New York case that is an example of how legal consciousness affects written v. practiced law
Extra: How is legal consciousness affecting the practiced law? Aka. why are the pigs still in New York?
What is People vs. Harriet?
Law made by standards of right or wrong found in religious text, based on studies of nature/human nature, and divine revelation
What is natural law?
Hartog's Fragmented perspective of legal consciousness
What is the way people experience, understand, and act in relation to the law?
Or
What is the conflict between written v. practiced law with little/ no objective answer
Constitutional Amendment that leaves certain powers reserved for the state
What is 10th Amendment ?
When a jury acquits even though the defendant's legal guilt has been proven
Extra: True or False - Alot of jurors know about this legal option ?
What is Jury Nullification
Extra: False
The court case that changed "No Impeachment rule" that prohibits jurors from being required to testify or speak on their deliberation (they don’t have to explain why they chose the ruling they did, made to ensure jury secrecy is protected)
What is Peña-Rodriguez v. Colorado ?
Disempowering framework of law that makes people feel like they cannot keep up with the law in the perspective of ability to access resources or "play the game" properly for their own benefit.
What is "With the Law"
The theorist that believes in burdens imposed fairly on its people- between lawmakers and citizens where lawmakers do not exceed their authority
Who is Acquinas?
Clause from the Constitution that makes states unable to contradict the federal law
What is Federal Supremacy Clause?
Three Amendments that gives a citizen the right to jury by trial.
Extra: Name them.
What are 5th, 6th, and 7th amendments
Extra:
5th Amendment guarantees
An indictment (formal statement/document that state what this particular person is being charged with a crime is) by a grand jury for capital or other serious crimes (imprisonment over 1 year (felony)
6th Amendment guarantees Jury trial in the date and district where the crime was committed
7th Amendment guarantees Jury trial in civil cases with over $20 value at issue
Explain the Chevron Deference and it's relevance with administrative agency power
Extra: True or False - The Chevron Deference expanded the powers of administrative agencies
Chevron Deference comes from Chevron v. Natural Resources Center Inc. where EPA made its own definition of "air pollutant" as part of implementing changes to the law and it affected Chevron's business where they argued that EPA is not authorized to interpret the law as such.
Court said that because EPA is an administrative agency given powers by the federal government, they are authorized to interpret the law as such, giving them more power.
Parts of LEGALITY that are exploited or attributed to formal institutions or its actors- and exists in familiar places (ex. courthouse or speed limit)
What is the Law?
What is legal consciousness because there is no objective answer due to varying experiences and perspectives
4th Clause, Section 8 related to economic flow that gives (and used often by) Congress more power to their advantage over issues (ex. gambling, gun control, domestic violence, etc.)
What is the Commerce Clause?
Just talk about a grand jury v. trial jury/petit jury
Grand Jury decides whether a matter has a case - if yes, an indictment will be sent to the person accused on crime
Trial jury determines whether defendant committed crime or if defendant injured the plaintiff in civil cases. (yes or no, guilty or not guilty)Court case that said state and federal law can both separately prosecute the defendant, implying that the state and federal are two separate entities with power
What is Gamble v. United States?
The meaning, source of authority, and cultural practices commonly practiced as LEGAL regardless of who applies them?
What is Legality?
The theorist who sees laws as a set of guidelines (8 Procedural Requirements) meant to subject human conduct into governance of rules
Who is Lon Fuller?
Powers given to Congress to make laws, that is explicitly given to them by the Constitution
Extra: What is the Clause that gives them implied powers?
What are Enumerated powers?
Extra: Clause 18: "Necessary and Proper" to give congress power to make laws that are necessary and proper
HINT: This is a brain exercise, there is no one answer, just putting this here in case its on the exam
Something a legal realist would say about the Safford v. Redding case where a girl was strip searched without parent consent at a school - and there was a gender divide on how the judges perceived the case.
What if judges have preferences meaning that they are not impartial and make choices based on a variety of factors?