32 Questions
What is the doctrine of precedent referred to as in the text?
The common law
What was one aspect of English law that the colonists in the United States adopted as their own?
The common law
What is described as America's greatest legal achievement in the text?
The writing of the U.S. Constitution
What does the text suggest is wise for individuals, considering the significance of law in their lives?
Knowing something about the law
What gives the right to interpret laws and determine their validity?
Judicial power
Who appoints judges to the federal courts?
The President
Which amendment guarantees the rights of free speech, free press, and the free exercise of religion?
First Amendment
Which source of contemporary law involves government agencies creating laws called regulations?
Administrative Law
What is the principle that precedent is binding on later cases called?
Stare decisis
Which philosophy argues that law is what the sovereign says it is?
Legal Positivism
Who argued that an unjust law is no law at all, and need not be obeyed?
St. Thomas Aquinas
Which branch of government can void laws passed by Congress?
Judicial branch
What gives the ability to create new laws?
(Congress)
Who has the authority to issue court orders that place binding obligations on people or companies?
Judges
Which type of law prohibits certain behavior for the benefit of society and is enforced by the government for violations?
Criminal Law
Who has the power to create laws called regulations?
Government Agencies
What best describes the concept of 'the common law' mentioned in the text?
Decisions made by judges based on previous rulings
Which historical document is hailed as America's greatest legal achievement in the text?
The U.S. Constitution
What does the text suggest about the adoption of English law by the colonists in the United States?
They found some parts of English law irrelevant or unworkable
Who holds the power to interpret laws and determine their validity according to the text?
The Judiciary
What is the fundamental rule of all laws according to St. Thomas Aquinas?
Good is to be done and promoted, and evil is to be avoided
Which branch of government appoints judges to the federal courts?
The Executive Branch
What is the principle that precedent is binding on later cases called?
Staredecisis
Which amendment ensures that the government treats all people equally?
Fourteenth Amendment
Who has the power to create laws called regulations?
Government Agencies
Which type of law prohibits certain behavior for the benefit of society and is enforced by the government for violations?
Criminal Law
According to legal positivism, what is law?
"What the sovereign says it is"
What does the First Amendment guarantee?
Right to free speech, press, and religion
"Staredecisis" means:
"Let the decision stand"
What gives the ability to create new laws?
The legislative branch
What type of law regulates the rights and duties between parties, allowing a private party to sue?
Civil law
What source of contemporary law involves the executive and legislative branches creating government agencies with the power to create laws called regulations?
Administrative law
Study Notes
The Doctrine of Precedent
- The doctrine of precedent is referred to as "stare decisis" in the text.
English Law and American Colonists
- The colonists in the United States adopted the common law system from England.
America's Greatest Legal Achievement
- The US Constitution is hailed as America's greatest legal achievement in the text.
Significance of Law in Individual Lives
- It is wise for individuals to understand the law, considering its significance in their lives.
Interpreting Laws and Determining Validity
- The judiciary has the power to interpret laws and determine their validity.
Appointment of Judges
- The President appoints judges to the federal courts.
Freedom of Speech and Religion
- The First Amendment guarantees the rights of free speech, free press, and the free exercise of religion.
Government Agencies and Regulations
- Administrative law involves government agencies creating laws called regulations.
Principle of Binding Precedent
- The principle that precedent is binding on later cases is called "stare decisis".
Legal Positivism
- Legal positivism argues that law is what the sovereign says it is.
Natural Law Theory
- St. Thomas Aquinas argued that an unjust law is no law at all and need not be obeyed.
Judicial Review
- The judiciary has the power to void laws passed by Congress.
Lawmaking Power
- The legislative branch has the power to create new laws.
Judicial Authority
- Judges have the authority to issue court orders that place binding obligations on people or companies.
Criminal Law
- Criminal law prohibits certain behavior for the benefit of society and is enforced by the government for violations.
Regulatory Power
- Government agencies have the power to create laws called regulations.
Common Law
- The common law is a system of law based on customs and court decisions.
Historical Document
- The US Constitution is a historical document hailed as America's greatest legal achievement.
Adoption of English Law
- The colonists in the United States adopted the common law system from England.
Judicial Interpretation
- The judiciary holds the power to interpret laws and determine their validity.
Fundamental Rule of Laws
- According to St. Thomas Aquinas, the fundamental rule of all laws is that they should be obeyed.
Executive and Legislative Branches
- The executive and legislative branches appoint judges to the federal courts.
Equal Protection
- The Fourteenth Amendment ensures that the government treats all people equally.
Government Agencies
- Government agencies have the power to create laws called regulations.
Civil Law
- Civil law regulates the rights and duties between parties, allowing a private party to sue.
Administrative Law
- Administrative law involves the executive and legislative branches creating government agencies with the power to create laws called regulations.
Learn about the role of law in society and its importance in the United States. Explore the basics of English law brought by the colonists and its impact on American society.
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