Who Makes It?
Statute
What is the legislative branch?
An act of vesting the legislative, executive, and judicial powers of government in separate bodies
What is Separation of Powers?
First ten amendments to the U.S. Constitution
What is the Bill of Rights?
An earlier court ruling that is binding in a common law system
What is precedent?
Type of law that outlines the authority, procedures, rules, and regulations to be followed by government agencies, in addition to the laws created by those agencies.
What is Administrative law?
The Power To Regulate Interstate Commerce
What is Federal Power?
U.S. Constitution v. State Constitution
What is U.S. Constitution? It's the Supreme Law of the Land!
In what federal circuit is California?
What is the 9th Circuit?
Statutes and regulations are the same thing.
What is false?
Case
What is the judicial branch?
Power delineation between the federal government and state governments
What is Federalism?
Constitutional Article that creates the Legislative Branch
What is Article I?
Act of arranging laws (e.g., statutes, regulations) into a systematic, indexed code
What is codifying or codification?
Legal system that emphasizes codified law and in which judges find the facts and apply the law in a case.
What is a Civil Law legal system?
The Power To Regulate Intra-State Commerce (Within One State Only)
What is State Power?
California Superior Court Decision v. California Appellate Court Decision
What is the California Appellate Court Decision? (Appellate Court is a higher court than the Superior Court in California).
How many votes are necessary by each house of congress to override a veto?
What is a 2/3 majority vote? (But only a simple majority is required to pass a law that is not vetoed).
There is an administrative branch of government.
What is false? (Administrative agencies are part of the executive branch).
Regulation
What is the Executive Branch (via Administrative Agencies)?
Presidential power to reject a law passed by a Congressional majority
What is a Veto?
Provision stating that the U.S. Constitution shall be the Supreme Law of the Land
What is the Supremacy Clause?
Concept that both the government and its citizens should be subject to the law, and that no person is above the law
What is the Rule of Law?
The rules of legal process such as the rules of evidence and of procedure in enforcing a legal right or obligation
What is Procedural Law?
The Power to Tax
Federal Statute v. Federal Regulation
What is Federal Statute? (Statutes will win over Regulations).
U.S. Supreme Court case that established the judicial review power of the judicial branch.
What is Marbury v. Madison?
The Articles of Confederation had limited enforcement power.
What is true?
Advisory Opinion
What is the Executive Branch (via Administrative Courts)?
U.S. Supreme Court power to review acts of other branches and determine their constitutionality
What is Judicial Review?
Constitutional Article that created the Executive Branch
What is Article II?
Latin phrase meaning "let the decision stand"
What is Stare Decisis?
Classification of law that defines the legal rules governing an individual’s legal rights and responsibilities (as opposed to the process by which a right is enforced)
What is Substantive Law?
The Power to Borrow Money
What is Both?
California Superior Court Opinion v. California Administrative Opinion
What is the California Superior Court Decision? (Court decisions win over regulatory agency decisions).
Decisions by a higher court that must be followed by lower courts in the same jurisdiction.
What is Binding Precedent?
Congress creates administrative agencies.
What is true? Congress must pass an enabling statutes to create an administrative agency.
Treaty
What is the Executive Branch & Senate? (Executive Branch Negotiates with 2/3 approval of the Senate)
A principle of government under which separate branches are empowered to prevent actions by other branches and are induced to share power.
What are Checks and Balances?
Amendment Reserving Powers Not Expressly Given to the Federal Government Nor Denied to the States to the States.
What is the 10th Amendment?
Petition to have case heard by the U.S. Supreme Court
What is Writ of Certiorari?
Derived from English law, a legal system that treats judicial precedent as binding, in addition to written laws
What is a Common Law legal system?
The Power to Give Titles of Nobility
What is None (denied to both state and federal government)?
Federal Statute about Intrastate Commerce v. State Statute about Intrastate Commerce
What is State Statute? (Power over Intrastate Commerce given exclusively to the states).
Case holding from a court in another jurisdiction or a lower court in the same jurisdiction.
What is Persuasive Authority?
Under the Constitution, the federal government can regulate all areas of law.
What is false? The Constitution outlines some areas of federal power, but it also reserves power exclusively for the states.