BLW 3013 Study Guide - Comprehensive Midterm Guide: Uniform Commercial Code, First Amendment To The United States Constitution, Federal-Question Jurisdiction

91 views12 pages
7 Feb 2017
School
Department
Course

For unlimited access to Study Guides, a Grade+ subscription is required.

University of Texas at San Antonio
BLW 3013
MIDTERM EXAM
STUDY GUIDE
Unlock document

This preview shows pages 1-3 of the document.
Unlock all 12 pages and 3 million more documents.

Already have an account? Log in
Unlock document

This preview shows pages 1-3 of the document.
Unlock all 12 pages and 3 million more documents.

Already have an account? Log in
BLAW 3013
C h. 2 History & S ources of American L aw
L aw: A s et of rules es tablished by a government, a controlling body, cases or statutes, that members
of s ociety must follow.
L eg al S ys tem: A s ys tem of established laws . D es igned to promote fairness and order.
C ivil / C ode L aw S ys tem: A single comprehensive code and laws were es tablis hed to reference this
code.
R oots of modern c ivil law: R oman E mpire
C ommon L aw S ys tem (c as e law): J udge-made law. J udges make decisions based on individual
cases that create a body of rules and principles .
O riginates from E ngland.
J udg es in C ommon L aw S ys tem: D ecide cas es by referring to their own judgment as well as the
decisions of other courts.
J udg es in C ivil L aw S ys tem: R efer to a set code when making their determinations
2 Dominant L eg al S ys tems (in wes tern world): C ommon law and C ivil law
A meric an L eg al S ys tem: C ommon L aw S ys tem.
P rec edent: Decisions of previous cas es involving s imilar facts /patterns that judges in a common law
sys tem mus t follow.
S tare Dec is is : -J udges must make decisions consis tent with precedent s et- even decis ions s et by
thems elves and their court.
-P romotes consistency among cas e law.
-Means judges must be cautious to overturn their court's decision.
O verturning J udg ements : Only occur when the previous decision violates justice and fairness
principles .
S ourc es of A meric an L aw: T he U.S . C onstitution, s tate constitutions, federal/s tate/local s tatutes.
T he U.S . C ons titution: T he governing & s upreme law of the U.S .
R egulates behaviors.
3 B ranc hes of G overnment (and their es tablis hing artic les ):
find more resources at oneclass.com
find more resources at oneclass.com
Unlock document

This preview shows pages 1-3 of the document.
Unlock all 12 pages and 3 million more documents.

Already have an account? Log in
BLAW 3013
Article I: L egislative
Article II: E xecutive
Article III: J udicial
L eg is lative B ranc h: C ongres s . D ivided into 2 houses :
- S enate
- House of R epresentatives
C ong res s : Make laws . Act as representatives of the people.
E x ec utive B ranc h: E nforces laws.
T he pres ident, the vice pres ident, and executive officers.
J udic ial B ranc h: C ourt S ys tem.
A rtic le III: E s tablis hes the J udicial B ranch and the S upreme C ourt
A rtic le I: G ives C ongres s power to make laws regarding taxes , foreign & interstate commerce and
national s ecurity AND the authority to establis h federal courts that are "inferior" to the S upreme C ourt
T he S upreme C ourt: 9 justices appointed by the P resident (with the cons ent of the S enate).
Interpret the law and review the final decisions of federal/s tate legislatures - ensuring they don't
violate the C ons titution.
J udic ial R eview: E s t. 1803. G ives the courts the ability to declare a federal or state law
uncons titutional.
C hec k s and B alanc es : A s ystem where each branch of govt has specific powers/authorities and is
able to check/balance out the power in the other branches.
C ons titutional A mendments : 27 amendments to protect citizens from govt intrusion.
B ill of R ig hts : T he first 10 amendments to the C ons titution prohibiting govt from intruding on
fundamental rights - s uch as freedom of speech or religion.
"nec es s ary and proper": T he C onstitution grants C ongres s the ability to make all laws "necess ary
and proper" to help carry out res ponsibilities
F ederalis m: T he s tates and federal govt share the power of governing. E very s tate has 3 branches
of govt AND a s tate constitution. E very s tate has autonomy to govern the affairs of its citizens .
S upremac y C laus e: Article V I of the C onstitution s tating that laws made in pursuit of the C ons titution
and all U.S . treaties are the "supreme law of the land."
Mean that s tate constitutions /s tatutes cannot violate the federal constitution/laws .
find more resources at oneclass.com
find more resources at oneclass.com
Unlock document

This preview shows pages 1-3 of the document.
Unlock all 12 pages and 3 million more documents.

Already have an account? Log in

Get access

Grade+
$10 USD/m
Billed $120 USD annually
Homework Help
Class Notes
Textbook Notes
40 Verified Answers
Study Guides
1 Booster Class