Law Review #1

The Internal Revenue Service, Federal Communications Commission, Florida Division of Workers' Compensation, Securities and Exchange Commission, and the Environmental Protection Agency all issus types of decisions. These decision would be considered part of?

• Constitutional Law

• Federal Law

• Common Law

• Administrative Law

Which of the following is an example of administrative law?

• A state constitutional amendment

• A regulation issued by the Environmental Protection Agency

• A federal statute passed by Congress

• A Supreme Court ruling on free speech

Decisions made by agencies such as the Securities and Exchange Commission are classified under which type of law?

• Statutory Law

• Administrative Law

• Criminal Law

• International Law

The following quotation established what legal principle?

"It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each."

  - Marbury v. Madison (1803)

• Stare Decisis

• The fact that federal law is supreme over state law

• the idea that Article VI of the Constitution requires federal courts to defer to state courts

• Judicial Review

In Marbury v. Madison, the Court held the following: "It is the essential criterion of ______________   ______________ that it revises and corrects the proceedings in a cause already instituted, and does not create that case."  What legal idea was the court discussing?

• original jurisdiction

• appellate jurisdiction

• concurrent jusdiction

• mandatory jurisdiction

Stare Decisis refers to?

• A court relying upon and applying a prior court decision to decide a case.

• the Congress or state legislature repealing a law found unconstitutional.

• A court upholding an act of Congress

• The right of a person to bring a case against someone else.

Place the following in proper hierarchical order with one being at the top and 5 being at the bottom of the order.

• Federal Statutes

• State Statute

• Local Laws

• US Constitution

• State Constitution

Some contend that the source of American law can be traced to this document as far back as 1215.

• the Articles of Confederation

• Magna carta

•  

  the Pennsylvania Charter of Privileges

•  

  the Mayflower Compact

Members of the US Supreme Court are chosen how?

• Nominated by President and confirmed by the House of Representatives

• Nominated by President and confirmed by the Senate

• Nominated by President and confirmed by the 3/4 of state legislatures

• Nominated by President and confirmed by both the House of Representatives and Senate

Terms of office for US Supreme Court justices are how long?

• 6 years

• 12 years

• until death, retirement, or removal from office

• 16 years