1. Regardless of how such rules are created, they all have one feature in common: they establish rights, duties, and privileges that are consistent with the values and beliefs of a society or its ruling group.
2. Primary sources of the Law include:
The U.s. Constitution of the various states.
Statues, or laws, passed by Congress and by state legislatures.
Regulations created by administrative agencies, such as the Federal Trade Commission and the U.S. Food and Drug Administration.
Case law (court decisions)
3. Common Law: the body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature. Precedent: a ...view middle of the document...
14. Federal (national) legistlation governs almost every major activity conducted by businesses –from hiring and firing to workplace safety, competitive practices; and financing.
16. The amendment passed in 1868 after the Civil War, provides, in part, that no State shall…deprive any person of life, liberty and the property, without due process of law.
20.The Bill of Rights limited only the powers of the national government. Over time, the United State Supreme Court “incorporated” most of these rights into protections against state actions afforded by the 14th amendment to the Constitution.
22. Bill of Rights: adopted in 1791 and embody a series of protections for the individual against various types of interference by the federal government.
23.Under the 14th amendment, a state may not “deny to any person within its jurisdiction the equal protection of the laws”. The United States Supreme Court has used the due process clause of the Fifth Amendment to make the equal protection clause applicable to the federal government as well.
24. The Fourth Amendment prohibits unreasonable searches and seizures of persons or property.
*The 5th guarantees the rights to indictment by grand jury, to due process of law, and to fair payments when private property is taken for public use. Also prohibits compulsory self-incrimination and double jeopardy.
1. Jurisdiction over subject matter is a limitation on the types of cases a court can hear. In both the federal and state court systems, there are courts of general jurisdiction and courts of limited jurisdiction. An example of a court of general jurisdiction is a state trial court or a federal district court. An example of a state court of limited jurisdiction is a probate court. Probate courts are state courts that handle only matters relating to the transfer of a person’s assets and obligations after that person’s death, including matters relating to the custody and guardianship of children. An example of a federal court of limited subject-matter jurisdiction is a bankruptcy court.
-The highest level of the three-tiered model of the federal court system is the United States Supreme Court.
2. in both the federal and state court systems, a court’s subject-matter jurisdiction can be limited not only but the subject of the lawsuit but also by the amount in controversy, by whether a case is a felony or a misdemeanor or by whether the proceeding is a trial or an appeal.
-The court can review any case decided by any of the federal courts of appeals, and it also has appellate authority over some cases decided in the state courts.
5. rule of four- a rule of the united states Supreme court under which the Court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ.
-answer: defandants response to the plaintiff’s complaint.
6. Thousands of cases are...