SMG LA 245 Study Guide - Fall 2018, Comprehensive Midterm Notes - United States Congress, Veto, United States Constitution

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Published on 12 Oct 2018
School
Boston University
Department
Law
Course
SMG LA 245
SMG LA 245
MIDTERM EXAM
STUDY GUIDE
Fall 2018
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INTRO TO LAW
Origins of our law:
o English roots
o Federalism: power to govern is shared between national and state government
United States Constitution - establishes the national government of the UA - legislative,
executive, judicial power
o Creates system of checks and balances among the branches
o Guarantees basics rights to American people
BILL OF RIGHTS:
o 1. Freedom of speech, press, assembly and religion.
o 2. Right to keep and bear arms.
o 3. No quartering of solders during peace.
o 4. Freedom from unreasonable search and seizures.
o 5. Right to due process of law, freedom from self-incrimination, double jeopardy.
o 6. Right of accused persons, counsel and speedy trial.
o 7. Right of trial by jury in civil cases.
o 8. Freedom from cruel and unusual punishments.
o 9. Other rights of people not enumerated.
o 10. Powers reserved to the states.
Branches of Government:
o Federal
Legislative Branch (makes law): US Congress creates new laws by
passing “bills” that later becomes “statutes”
100 senators (2 from each state)
435 representatives
Executive Branch (carries out laws): The President is the commander in
chief and enforces the laws he can only fire people within his branch
(but can’t fire vice president)
Judicial Branch (evaluates laws): The US Supreme court interprets the law
and has the power to OVERTURN law.
o Checks and balances:
Executive check: The president can veto Congressional legislation; can
appoint judges
Legislative check: Congress can impeach the President; override vetoes
and judges cannot be appointed unless approved by Senate. Congress can
amend the constitution
Judicial check: Supreme Court interprets the law and can strike down
statues, common law, executive orders
Sources of contemporary law:
o Common law: collective body of court decisions throughout the history that
judges rely on to rule present cases
o Statue: Law created by a legislative body, state or federal
o Administrative regulations: created by federal agencies such as SEC, IRS
Classifications:
o Criminal law: prohibits certain behavior deemed threatening to society
The government prosecutes
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Punishment involves prison sentence or fine
o Civil law: regulates the rights and duties between parties
Parities sue each other, government not usually involved
Case Analysis:
o Plaintiff: the party who is suing
o Defendant: the party being sued
Facts - the facts of the dispute
Issue
Holding or decision - the ultimate outcome of the case and the rationale
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Document Summary

Freedom of speech, press, assembly and religion: 2. Right to keep and bear arms: 3. No quartering of solders during peace: 4. Right to due process of law, freedom from self-incrimination, double jeopardy: 6. Right of accused persons, counsel and speedy trial: 7. Right of trial by jury in civil cases: 8. Freedom from cruel and unusual punishments: 9. Other rights of people not enumerated: 10. Litigation: court systems, over 50 systems of courts, state has its court system, trial courts & jurisdiction, trial courts: determine the facts of dispute. Is the mandated method of resolving union grievance: an arbitrator presides over an informal hearing where attorneys are present. After deliberation the arbitrator issues a binding decision. Jones vs clinton: was clinton entitled to summary judgement, or was jones entitled to a trial, decision. Informal rulemaking: proposed rule must be published and public allowed to comment: formal rulemaking: must hold a public hearing before establishing the rule.

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