BusLaw1

^{A set of rules or principles established by government or some other controlling body that members of society must follow and obey.}

System of established laws. Both laws and legal systems are designed to promote fairness, consistency, and order within society.

A single comprehensive code was developed and laws were established by reference to such code. Followed by most countries. Judges is a civil law system refer to a set of code when making their judicial interpretations.

_{^{Distinct from the civil law system is essentially judge-made law whereby judges make desicions on a case-by-case basis & generate a body of rules and principles. When judges decide cases they refer to their own decisions or the decisions of other courts. Orginating in England & the english system serves as the foundation from common law systems used today.}}

Civil law and common law are the two dominant legal systems used by western society. The American legal system is based on common law system, & thus incorporates many principles from English common law.

Notion that judges must make desicions consistent with precedent. The principle of stare decises is designed to promote certainty & consistency among courts and case law.

Federal constitution, state constitution as well as various federal, state and local statutes.

Article I creates the Legislative Branch known as the congress or the federal legistature divided into two houses, the Senate and the House of Representatives & the federal court system inferior to the Supreme Court. Article II creates the Executive Branch constitutes the president, the Vice President & other executive officers. Article III the Judicial Branch is the Supreme Court. The judiciary interprets the law.

Judicial review means that the judiciary can review the decisions of federal & state legislatures to ensure that they are constitutional.

Marbury vs. Madison

The constution establishes checks and balances whereby each branch of government has specific power and authority, and can check and balance out the power exercised by other branches.

Provides that powers not conferred on the federal government are reserved for the states. Hence states have all powers not specifically delegated to the federal government.

Laws made in pursuit of the constitution, and all US treaties shall be the Supreme Law of the Land. This "Supremacy clause" has been interpreted to mean that state constitutions and statues cannot violate the federal constitution or federal law.

"Suspect classification" (race, religion, national origin or alienage, or otherwise involve a fundamental right) requires "strict scrutinity" Regulations must pass strict scrutinity and are almost always found to be unconstitutional. (2) A "quasi-suspect classification" which includes gender and legitimacy, then courts apply "intermediate scutinity". Regulations have a greater chance of survinging challenges based on their constitutionality. (3) All other classifications are subject to a "rational basis test" pursuant to which government regulation will be upheald so long as it is rationally related to a legitimate government interest.

Both the federal and state court system have three levels of courts: a trial court, an appeals or appelate court, and a supreme court..

The Federal trial court is referred to as the US or federal district court. There are 94 district courts in US Puerto Rico & Guam, & at least one federal district court in every state. If a party appeals the district court's decision, she can bring a case in the appeals or appellate court, known as the federal circuit court of appeals or the federal court of appeals. The first appeal is allowed as a matter of right. There are 12 federal appeals courts that hear cases from several different district courts within a specific geographic area. If the individual wants to appeal the federal circuit court she may bring the case to the U.S. Supreme Court.