Practice facts for the Law merit badge. Not an official Scouting America credential. Grab a snack: this guide is the friendly version, with the answers explained and a groan-worthy joke waiting at the end of most cards.
Knowing Law Scout saves you money, time and the occasional embarrassment.
Chapter 1: Principles and Documents
Short answer: The Constitution
The Constitution is the nation's supreme law and sets the foundation of the federal government.
Groan of the day: The Constitution has great articles, and it is the article of law.
Sources: Law of the United States
Short answer: The United States Code
The U.S. Code is the official compilation and codification of general and permanent federal statutory law.
Groan of the day: The Code is a real page turner.
Sources: Law of the United States
Short answer: Five
The text lists constitutional law, statutory law, treaties, administrative regulations, and common law.
Groan of the day: Five sources means the law has plenty of wellsprings.
Sources: Law of the United States
Short answer: Declare it unconstitutional
State or federal courts may rule an unconstitutional statute invalid.
Groan of the day: That statute just did not pass the constitution test.
Sources: Law of the United States
Short answer: Prior precedent
Stare decisis means courts respect precedent from earlier decisions.
Groan of the day: Stare decisis means the past has a say in the present.
Sources: Law of the United States
Short answer: Louisiana
The text says all states except Louisiana largely derive from English common law.
Groan of the day: Louisiana marches to a different legal drummer.
Sources: Law of the United States
Short answer: The Federal Register
Proposed regulations are published in the Federal Register for public comment.
Groan of the day: The Federal Register is where rules register with the public.
Sources: Law of the United States
Short answer: A rolling schedule
The CFR is codified and published once a year on a rolling schedule.
Groan of the day: The CFR keeps rolling along every year.
Sources: Law of the United States
Short answer: Prosecution by the state
Criminal law involves the state prosecuting serious wrongful acts.
Groan of the day: In criminal law the state takes the case personally.
Sources: Law of the United States
Short answer: Incarceration
The text notes crimes can result in incarceration, but torts cannot.
Groan of the day: Crime can cost you your freedom, not just your manners.
Sources: Law of the United States
Short answer: At the state level
The majority of crimes are prosecuted and punished at the state level.
Groan of the day: Most crime cases stay close to home in state court.
Sources: Law of the United States
Short answer: Three percent
Only about three percent of criminal cases are resolved by jury trial.
Groan of the day: Jury trials are rare, so they are a trial treat.
Sources: Law of the United States
Short answer: A year or less in jail
Misdemeanors may lead to a year or less in jail and a substantial fine.
Groan of the day: A misdemeanor is a minor misdeed with a minor stay.
Sources: Law of the United States
Short answer: Fines and sometimes license loss
Infractions may result in fines and sometimes loss of a driver's license, but no jail.
Groan of the day: An infraction is a ticket, not a trip to jail.
Sources: Law of the United States
Short answer: Lawsuits between private parties
Civil procedure governs process in judicial proceedings involving lawsuits between private parties.
Groan of the day: Civil procedure is the how-to of a lawsuit.
Sources: Law of the United States
Short answer: Obligations from agreements
Contract law covers obligations established by agreement between private parties.
Groan of the day: Contracts are promises with legal muscle.
Sources: Law of the United States
Short answer: Civil wrongs between private parties
Tort law covers civil actions from wrongful acts breaching general obligations imposed by law.
Groan of the day: Torts are wrongs that get their day in civil court.
Sources: Law of the United States
Short answer: Each party pays its own
Under the American Rule, parties generally bear their own attorneys' fees.
Groan of the day: Under the American Rule, you pay your own lawyer, no exceptions.
Sources: Law of the United States
Short answer: Governing family relationships
Family law governs relationships between adults and between parents and children.
Groan of the day: Family law keeps family matters in order.
Sources: Law of the United States
Short answer: State courts
Family cases are traditionally state law matters heard in state courts.
Groan of the day: Family cases stay in the state family.
Sources: Law of the United States
Short answer: Family cases
Federal courts decline family cases under the domestic relations exception.
Groan of the day: Federal courts leave family matters to the states.
Sources: Law of the United States
Short answer: Property and support issues
No-fault divorce shifted focus to property division, spousal support, and child support.
Groan of the day: No-fault divorce moved the focus from blame to bills.
Sources: Law of the United States
Short answer: Real property
American property law is concerned with real property first and personal property second.
Groan of the day: Property law puts real estate first in line.
Sources: Law of the United States
Short answer: Title recording
Most states use a title recording system with privately provided title insurance.
Groan of the day: Title recording keeps property records on the record.
Sources: Law of the United States
Short answer: Constitutional rights of suspects
The exclusionary rule was developed to enforce constitutional rights of criminal suspects.
Groan of the day: The exclusionary rule excludes evidence obtained the wrong way.
Sources: Law of the United States
Short answer: The Miranda warning
The Miranda warning is the most famous judge-made remedy for abuse of law enforcement powers.
Groan of the day: The Miranda warning reminds suspects of their rights.
Sources: Law of the United States
Short answer: Habeas corpus
The writ of habeas corpus is often used by suspects and convicts to challenge detention.
Groan of the day: Habeas corpus means you can challenge being held.
Sources: Law of the United States
Short answer: Sales of goods contracts
Contract law for sales of goods is standardized nationwide through the Uniform Commercial Code.
Groan of the day: The UCC makes goods sales uniform across states.
Sources: Law of the United States
Short answer: Arbitration
Parties may agree to arbitrate disputes arising from their contracts.
Groan of the day: Arbitration is a private way to settle a contract spat.
Sources: Law of the United States
Short answer: Enforcing arbitration clauses
Arbitration clauses are generally enforceable under the Federal Arbitration Act.
Groan of the day: The Federal Arbitration Act gives arbitration clauses real teeth.
Sources: Law of the United States
Short answer: Strict liability for defective products
Greenman imposed strict liability for defective products as a matter of public policy.
Groan of the day: Greenman made defective products a strict liability matter.
Sources: Law of the United States
Short answer: Standardizing tort law
The American Law Institute attempted to standardize tort law through Restatements.
Groan of the day: Restatements restate the law to make it clearer.
Sources: Law of the United States
Short answer: The process for legal rights
Procedural law controls the procedure by which legal rights and duties are vindicated.
Groan of the day: Procedural law is the how, not the what.
Sources: Law of the United States
Short answer: Actual legal rights and duties
Substantive law is the actual substance of law expressed as legal rights and duties.
Groan of the day: Substantive law has real substance to it.
Sources: Law of the United States
Short answer: Separate sovereigns
The fifty American states are separate sovereigns with their own constitutions and courts.
Groan of the day: Each state is a sovereign in its own right.
Sources: Law of the United States
Short answer: Anything not preempted by federal law
States retain plenary power to make laws covering anything not preempted by federal law.
Groan of the day: States have broad power unless federal law steps in.
Sources: Law of the United States
Short answer: State courts
Most cases are litigated in state courts and involve state laws.
Groan of the day: State courts see the most legal action.
Sources: Law of the United States
Short answer: There is none
Under Erie Railroad Co. v. Tompkins, there is no general federal common law.
Groan of the day: Erie says federal common law is not a general thing.
Sources: Law of the United States
Short answer: The state's law
Federal trial courts must apply the statutory and decisional law of the state where they sit.
Groan of the day: In diversity cases, federal courts borrow the state's rulebook.
Sources: Law of the United States
Short answer: Its boundaries
The Constitution sets out the boundaries of federal law.
Groan of the day: The Constitution draws the lines for federal law.
Sources: Law of the United States
Short answer: Its foundation
The Constitution prescribes the foundation of the federal government and civil liberties.
Groan of the day: The Constitution is the foundation of the federal government.
Sources: Law of the United States
Short answer: Subject matter
The U.S. Code is arranged by subject matter and shows the present status of laws.
Groan of the day: The Code organizes laws by subject, not by mood.
Sources: Law of the United States
Short answer: Bound volumes
Slip laws are compiled into bound volumes called the United States Statutes at Large.
Groan of the day: Session laws get bound together like a legal book club.
Sources: Law of the United States
Short answer: How regulations are adopted
Regulations are adopted pursuant to the Administrative Procedure Act.
Groan of the day: The APA is the procedure for making agency rules.
Sources: Law of the United States
Short answer: Extensive pretrial discovery
American civil procedure features extensive pretrial discovery and live testimony.
Groan of the day: Discovery means both sides dig up the facts.
Sources: Law of the United States
Short answer: Helping consumers and sellers with problems
Consumer protection organizations provide help to consumers and sellers.
Groan of the day: These agencies protect your rights, so you could say they have your back covered.
Sources: Scouting America: Law
Short answer: A lengthy prison sentence
Most felony convictions result in lengthy prison sentences, fines, and restitution.
Groan of the day: A felony is serious business, so it is no small sentence.
Sources: Law of the United States
Short answer: A law prepared for publication after being signed
After signing, a law is assigned a number and prepared for publication as a slip law.
Groan of the day: That law slipped into the books.
Sources: Law of the United States
Short answer: Common law
Common law, including case law, comes from judicial decisions and precedent.
Groan of the day: Judges make common law, but they do not make it common.
Sources: Law of the United States
Short answer: It may remain on the books
A statute does not automatically disappear when found unconstitutional; it may remain until a later statute deletes it.
Groan of the day: An unconstitutional law may be down but not out.
Sources: Law of the United States