Know the branches of Gov.
Legislative – article 1 of the constitution
* Statute, ordinance, anything in law is legislative.
Article 2 – executive
* President, vice president cabinet
Judicial article 3
* Interpret the law
* Judicial review * determining the constitutionality of laws
4th area of law is – administrative law
* Law made by administrative agencies, fda sec irs. Created by congress to inact more laws
History of our court system
* Our law basically originated from England
* Appointed judges in each village, when judge made a ruling he was told to tell other judges in nearby villages to determine a common hearing.
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* Look up statutory law
* Classifications of law
* Substantive law – meet of the law – content – defines. Describes, regulates, and create legal rights
* Procedural law – establish the methods of enforcing the rights established by substantive law
* Civil vs criminal
* Civil law is everything that is not criminal – criminal is doing wrong against
* Commerce Clause * - need to know article 1 section 8 of constitution
* The us constitution expressly permits congress to regulate commerce with forein nations and among several states, and with indian tribes”
* Greater impact on business than any other
* *Bill of rights
* 1st ten ammendments
* Corporations are legal persons* given certain rights
* Constitution didn’t give privacy rights supreme court did
* Finding the law –
* Citation shows where you can find authority
* United states code state code administrative rule
* A court must have jurisdiction before it can hear a lawsuit, basically if that court can see that case, example divorce in a family court not a criminal court.
* If they dont have jurisdiction over the person they could still do it over the property. `
* Inpersonam jurisdiction – over the person
* Inrem – jurisdiction over property
* Subject matter jurisdiction – does it fall in state or federal, depends on the ‘subject matter’
* General and limited...