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What 3 branches have the ability to create law? - ANSWERS-1. Judicial Branch - courts
create legal precedents thru their decisions and by ruling on constitutionality of actions
of Congress or the executive branch
2. Congress Legislative Branch - passes statutes
3. Executive Branch - President/Admin agencies
Where does the law come from? - ANSWERS-The Constitution
NOTE: The U.S. Constitution allocates the powers of government between states and
the federal government powers not granted to the Fed Govt are retained by states or
are left to the ppl.
Laws and the Legal System serve what key roles in society? - ANSWERS-1. influencing
the behavior of the members of a society.
2. resolving disputes within society
3. maintaining important social values
4. providing a method for assisting social change
Definition of Law - ANSWERS-rules, standards, and principles that define the
behavioral boundaries for people and business activities.
, Stare Decisis - ANSWERS-is the principle that courts are often influenced by and have
the choice to follow what other courts have done.
Examples of Societal Changes Resulting in Diff. Stare Decisis outcome - ANSWERS--
Gay Marriage / Gay Rights in Employers
- Paternity tests and marriages
**Change in law due to societal changes
Davis v. Wall Industrial Contractor Case (Change in law) - ANSWERS- deciding of new
cases by referencing previous decisions is the foundation of the Angelo-American
judicial process
"TO STAND ON DECIDED CASES"; judges expected to stand by established rules of
law.
Judicial Review - ANSWERS-is the doctrine under which legislative and executive
actions are subject to review by the judiciary. A court with judicial review power may
invalidate laws and decisions that are incompatible with a higher authority, such as the
terms of a written constitution.
- Judiciary also reviews actions taken by the executive branch and admin agencies to
make sure they comply w/ the constitution
Laws created by federal and state legislatures are known as: - ANSWERS-Statutory
Law or Written Laws