Master of Laws (LLM) U.S. Legal System and Foundations of American Law Syllabus

U.S. Legal System and Foundations of American Law syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for U.S. Legal System and Foundations of American Law in Master of Laws (LLM), not a summary of it.

1. 1

   Structure of American Government and the Constitution

   5 topics

   • Federalism and the Distribution of Power
     • Enumerated, implied, and reserved powers
     • Supremacy Clause and federal preemption
     • Tenth Amendment and anti-commandeering doctrine
     • Dual vs. cooperative federalism in practice
   • Separation of Powers
     • Legislative, executive, and judicial functions
     • Checks and balances and inter-branch conflicts
     • Delegation of legislative authority and administrative power
   • The Federal and State Court Systems
     • U.S. district courts, courts of appeals, and the Supreme Court
     • Parallel state trial, appellate, and supreme courts
     • Federal question and diversity jurisdiction overview
   • Judicial Review and the Legacy of Marbury v. Madison
   • Written constitution vs. unwritten constitutional norms
2. 2

   Common Law Method and Sources of Law

   5 topics

   • Stare Decisis and Binding vs. Persuasive Authority
     • Vertical and horizontal precedent
     • Holding vs. dicta
     • Overruling, distinguishing, and narrowing cases
   • Hierarchy of Legal Authority
     • Constitutions, statutes, regulations, and case law
     • Primary vs. secondary authority
     • Restatements, treatises, and uniform laws
   • Statutory Interpretation: Text, Purpose, and Canons
   • The Role of the Uniform Commercial Code and Model Acts
   • Differences Between Common Law and Civil Law Traditions
3. 3

   Legal Reasoning, Analysis, and Writing

   5 topics

   • Case Briefing and IRAC/CREAC Analysis
     • Issue, rule, application, conclusion structure
     • Rule synthesis from multiple cases
     • Analogical and policy-based reasoning
   • Reading and Parsing Statutes and Regulations
   • Predictive (Memo) vs. Persuasive (Brief) Writing
   • Legal Citation and the Bluebook System
   • Plain-Language Drafting for U.S. Practice
4. 4

   Legal Research in the U.S. System

   4 topics

   • Primary and Secondary Source Research Strategy
   • Using Westlaw, Lexis, and Free Legal Databases
   • Updating and Validating Authority
     • Citators (KeyCite/Shepard's) and verifying good law
     • Tracking statutory amendments and session laws
   • Researching Legislative History and Agency Materials

U.S. Legal System and Foundations of American Law flashcards for Master of Laws (LLM)

21 of 51 cards from the U.S. Legal System and Foundations of American Law deck — real questions with worked answers.

1. What is federalism in the U.S. constitutional system?

   A system dividing sovereign power between a national (federal) government and the state governments, each with its own spheres of authority recognized by the Constitution.

2. Which constitutional provision reserves un-delegated powers to the states or the people?

   The Tenth Amendment, which reserves to the states (or the people) all powers not delegated to the federal government nor prohibited to the states.

3. What clause makes federal law supreme over conflicting state law?

   The Supremacy Clause (Article VI, Clause 2), which makes the Constitution, federal statutes, and treaties the supreme law of the land.

4. What are the three categories of federal power under federalism?

   Enumerated (expressly granted), implied (drawn from the Necessary and Proper Clause), and inherent powers; states retain reserved and concurrent powers.

5. What is the doctrine of separation of powers?

   The division of federal power among three branches—legislative (Congress), executive (President), and judicial (courts)—so no single branch holds total power.

6. What is the system of checks and balances?

   Mechanisms letting each branch limit the others, e.g., presidential veto, congressional override and impeachment, Senate confirmation, and judicial review.

7. Which Article of the Constitution establishes each of the three branches?

   Article I establishes Congress, Article II the executive (President), and Article III the federal judiciary.

8. What are the two parallel court systems in the United States?

   The federal court system and the fifty separate state court systems, which operate in parallel under a dual-court structure.

9. Name the three levels of the federal court system from lowest to highest.

   U.S. District Courts (trial), U.S. Courts of Appeals (intermediate appellate, organized into circuits), and the U.S. Supreme Court.

10. How many federal judicial circuits exist for the Courts of Appeals?

    Thirteen: eleven numbered regional circuits, the D.C. Circuit, and the Federal Circuit.

11. What is the difference between original and appellate jurisdiction?

    Original jurisdiction is the power to hear a case first (at trial); appellate jurisdiction is the power to review a lower court's decision.

12. What are the two main bases of federal subject-matter jurisdiction?

    Federal question jurisdiction (cases arising under federal law) and diversity jurisdiction (citizens of different states with over $75,000 in controversy).

13. What did Marbury v. Madison (1803) establish?

    The principle of judicial review—the power of federal courts to declare legislative or executive acts unconstitutional and void.

14. Who authored the opinion in Marbury v. Madison?

    Chief Justice John Marshall, writing for the Supreme Court in 1803.

15. What is judicial review?

    The authority of courts to examine government acts and laws and to invalidate those that conflict with the Constitution.

16. What is the difference between a written and an unwritten constitutional norm?

    A written constitution is the codified text of the Constitution; unwritten norms are conventions, customs, and practices (e.g., judicial precedent, executive customs) that shape constitutional behavior without textual basis.

17. What does the doctrine of stare decisis require?

    That courts follow precedent—decided like cases alike—to promote consistency, predictability, and stability in the law ("let the decision stand").

18. What is the difference between binding and persuasive authority?

    Binding (mandatory) authority must be followed by a court (e.g., higher courts in the same jurisdiction); persuasive authority may be considered but need not be followed (e.g., other jurisdictions, secondary sources).

19. What is horizontal versus vertical stare decisis?

    Vertical stare decisis binds lower courts to higher courts in the same jurisdiction; horizontal stare decisis is a court's adherence to its own prior decisions.

20. What is the difference between holding and dicta in a case?

    The holding is the court's binding legal ruling necessary to decide the case; dicta are incidental statements not essential to the decision and only persuasive.

21. Rank the hierarchy of primary legal authority within a single U.S. jurisdiction.

    Constitution (highest), then statutes enacted by the legislature, then administrative regulations, then case law (common law) interpreting them.

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