9/10/13 Flashcards
Sources of law, judicial systems
Sources of law
Common law, Legislative law, Constitutional law, Administrative law, Executive Orders
Common law
Stare decisis, based on legal precedent (not Supreme Court!)
Legislative law
Statutory law: Congress passes bills (“statutes”) that become law
Constitutional law
Government is split into 3 parts, system of Checks and Balances
Administrative law
Government agencies are granted quasi legislative & quasi judicial powers
Executive orders
President can use his powers to issue orders
2 judicial systems
federal system, State system
What shall congress confirm onto lower federal courts?
Certain limited and exclusive federal subject matter jurisdiction
Issues only federal courts can hear
Federal questions/ Constitution interpretation issues; U.S. Government is party to the action; Issues affecting interstate commerce; Personal/business bankruptcy issues; Violations of federal Civil Rights Statutes; Conflicts/disputes between 2 citizens from different States
2 areas that go directly to US Supreme Court
Conflicts between 2 or more States; Conflicts/disputes affecting foreign/respective embassadors or consulates
3 types of courts
US District Court -> US Court of Appeals -> US Supreme Court
3 burdens of proof
Preponderance of the evidence, Clear and convincing evidence, Proving a case beyond a reasonable doubt
