the outline of legislative branch

Topics: Law, United States, Supreme Court of the United States Pages: 6 (849 words) Published: June 22, 2014
The Legislative Branch

Bicameral system
-House of Representatives
‘Members elected based on population
‘Elected every two years

-The Senate
‘Two senators from each state
‘Elected to six-year terms

Power of Congress
-Raise revenue taxation
-Determine how revenue is spent
-Regulate commerce
-Establish laws necessary for congressional objectives

The purpose of legislation
Three purposes:
-Protective
-Remedial
-Fairly applied to all

The legislative process
The path from concept to law
-Introduced to legislature, assigned a number
-Assigned to committee for consideration
-Presented to originating body for vote
-Majority vote wins, submitted to corresponding body
-Bill submitted to president to be signed or voted

Passing constitutional amendments
-Similar to passing a bill
-Amendment must pass both houses by two-thirds majority
-Approved by three-fourth of state legislature

Function of lobbyists
-Represent special interests of citizens or industries
-Persuade legislators to vote in their favor
-Give insight of strength or weakness of proposed legislation

Public hearings and sessions
-Method of gathering information firsthand
-Congress meets several months each year to consider proposed legislation -Each session numbered consecutively and assigned public law number: codification

Publication of legislation
-All federal laws are published in United State Code (U.S.C) 1.Revised statutes or codes
2.Annotated statute

Legislation and Judicial Review
Two common issues of statutory interpretation:
1. Whether statute should be applied
2. How the state should be applied
-Statutes are broadly written
-Must be broken down to elements

The Executive Branch
Changes in the electoral process
-Most significant: selection of the vice president
-Failed majority in Electoral College led to two elections
House of Representatives elect president
Senate elects vice president
Bush et al. v. Gore, Jr. et al.

Powers and authority of the president
-Commander in chief of Army and Navy
-Power to make treaties, with two-thirds Senate approval
-Appoint ambassadors, other public ministers and consuls, Supreme Court judges, and all other officers of the U.S. government -Fill vacancies

Administrative Agencies
Role of administrative agencies
-Act as liaison between Congress and the people
-Explain what Congress means and enforce laws

Agencies today
-Social Security Administration
-Occupational Safety and Health Administration (OSHA)
-Environmental Protection Agency

Advantages of administrative agencies
-Deal with large groups of citizens
-Ability to respond quickly to change

Ch.5 Substantive and Procedural Issues

Civil versus criminal law
-Civil law governs issues arising from issues over private rights Brought by injured party seeking damages
-Criminal law includes all laws designed by the legislature to maintain order and safety Concerns the rights of public as a whole

Substantive versus Procedural Law
Substantive law
-Creates, defines, and regulates rights
-Principles of right and wrong
Procedural law
-Provides a method of enforcing rights
-Facilitates lawsuit through legal system

Common ground
-More than one jurisdiction
-Court applies own procedural rules regardless of substantive law -Statute of limitations

The Creation and Application of Civil Procedure Law
Creating laws of procedure
-Also known as rules
-Created by judicial branch
-Apply to all people
-Protect constitutional guarantees and facilitates court system

Types of procedural law
-Rules of civil procedure
-Rules of criminal procedure
-Rules of evidence
-Rules of appellate procedure

Rules of Civil Procedure
Pretrial proceedings
-Complaint
-Summons
-Response
-Alternative dispute resolution (ADR)
Arbitration
Mediation
-Discovery
-Motions...
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