Introduction to law things to know

by John Bandler

  • What is the highest law in the U.S.?
    • U.S. Constitution
  • What is the highest law in the U.S. regarding whether and how government can restrict speech?
    • The First Amendment of the U.S. Constitution
  • What is the highest law in the U.S. regarding government searches and seizures?
    • The Fourth Amendment of the U.S. Constitution
  • List the three branches of U.S. Government
    • Executive, Legislative, Judicial
  • What does the Fourth Amendment protect against?
    • The Fourth Amendment is a limit on the powers of government to search and seize. It protects against unreasonable search or seizure by the government.
  • If a judge decides police obtained evidence unlawfully, what might the judge do?
    • Suppress, or exclude, that wrongfully obtained evidence.
  • What does the First Amendment protect against?
    • The First Amendment is a limit on the powers of government to restrict speech and expression. It protects against unreasonable restrictions on speech, expression, or religion by the government.
  • If a person is unhappy with the result of their trial, what can they do?
    • Appeal
  • Why are case decisions important?
    • They establish law, precedent (stare decisis)
  • What concept describes the weight given to a prior decision by a court?
    • Legal precedent (stare decisis, authority)
  • If a judge decides police obtained evidence unlawfully, what might the judge do?
    • Suppress (exclude) the evidence pursuant to the exclusionary rule and the Fourth Amendment.
  • What is the highest court in New York State and is an appellate court?
    • New York State Court of Appeals
  • What is the name of the most powerful trial level court in New York State (and remember it is a trial level court and not an appellate court)?
    • New York State Supreme Court
  • What is the highest court in the Country?
    • United States Supreme Court
  • What is the difference between state and federal prosecutions?
    • State prosecutors enforce state law in state courts, in front of a state judge. Federal prosecutors enforce federal law in federal courts in front of a federal judge.
  • How are federal laws passed?
    • Passed by the legislature (US House of Representatives and Senate) and then the President signs it
  • What does the U.S. Constitution establish?
    • Our system of federal government, limitations on government, three branches of government, checks and balances, Bill of Rights to protect individual rights.
  • What is the difference between criminal law and civil law?
    • Criminal law is on behalf of society to deter, punish, rehabilitate criminal offenders. Civil law is more individualized to pursue more individualized wrongs and obtain compensation.
  • What document contains the fundamental principles underlying all U.S. laws?
    • U.S. Constitution
  • What is the difference between the federal government and state governments?
    • Each are separate sovereigns, with separate laws & powers, their own branches
  • Name some important bodies (areas) of law
    • Criminal law, civil law, constitutional law, contract law, tort law, negligence law, maritime law, international law, law of warfare, privacy law, cyberlaw?, etc.
  • What document contains the fundamental principles underlying all U.S. laws?
    • U.S. Constitution
  • Spell out what “PL” stands for in NYS PL, and say what it is
    • PL stands for "Penal Law", it is New York State's criminal substantive law, or criminal code
  • Spell out what U.S.C. stands for?
    • USC stands for United States Code, or the main place for all federal statutes, duly enacted by Congress and signed into law by the President.
  • Spell out what CFR stands for?
    • Code of Federal Regulations
  • Law will never affect us in real life. True/False and Explain
    • False. Law affects all of us, everyday, whether we like it or not. Law is in the news everyday. We make legal decisions regularly, and will face serious legal issues at least a few times in our lives. We are a nation of laws. Every resident should know something about laws. Every citizen must know certain things about law to uphold their duties of citizenship (jury duty and voting).

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Posted 12/12/2022 based on years of teaching. Updated 3/20/2023