Blaw Flashcards

1
Q

Federal judges

A

Nominated by pres lifetime appointment job security makes them independent

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2
Q

Fed court system

A

Fed district court
Us court of appeals
Us Supreme Court

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3
Q

Fed district

A

Original jurisdiction

Use juries or judge

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4
Q

Us court appeals

A

3 judge panels deal in issues of law and review most decisions

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5
Q

Specialized federal courts

A

Trademarks

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6
Q

Any state law which affects interstate commerce must be

A

Rationally related to a legitimate state concern and the burden in interstate commerce must be outweighed by the benefit to state interest

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7
Q

First amendment

A

Church and state seperation

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8
Q

A 4

A

Unreasonable search and seizure

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9
Q

A 5

A

Cannot be a witness against ones self

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10
Q

A 10

A

States get powers not delegated by the constitution

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11
Q

A14

A

Due process of the law

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12
Q

Necessary and proper clause

A

Power to make all laws which shall be necessary and proper

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13
Q

Commerce clause

A

Congress has powers to regulate commerce with foreign nations

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14
Q

Bill of rights

A

List of limits on government power

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15
Q

Key functions of legal system

A

Improve social stability
Conflict res
Reflect social norms

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16
Q

Sources of law in the us

A

Constitution
Legislature
Administrative agency and regs
Judiciary and common law

17
Q

Classifications of law

A

Public private
Civil and criminal
Substantive and procedural

18
Q

Basic trial procedures

A
Pleading 
Discovery
Per trial
Trial
Appellate
Enforcement
19
Q

Remedies in civil litigation

A

Equitable remedies

Monetary damages

20
Q

Appellate stage

A

Is an appeal based on error of law

21
Q

Alternative dispute resolution

A

Arbitration negotiation mediation other

22
Q

Arbitration

A

Binding

23
Q

Mediator

A

Non binding

24
Q

Negotiation settlement

A

Settles matter between themselves

25
Q

State judges

A

Fixed terms usually rule in favor of in state companies