Case Law Flashcards
How are Statutes also called?
Legislation
What is case law?
Law that comes from court desitions
How is written law also called?
Codes
What is an Statute?
Is written law.
Kinds of courts in old England
Law and equity
What areas of law are part of the common law?
Property, contracts, torts.
What are executive orders?
A law isued by the chief executive to direct the operation of governmental agencies.
Who can issue executive orders?
The Presiden for the US gov
The governor for state government
The mayor for local government
What is a treaty?
Is an international agreement between 2 or more countries or soverigns
Who makes a treaty?
The President with the consent of the Senate if the Senate does not aproves it it is called AN EXECUTIVE AGREEMENT
How is a Treaty also called?
Convention
What is an attorney general opinion?
A formal legal advice by the chief law officer of the government to another government official or agency.
Is an Attorney General Opinion considered a law?
No but, it is often relied as a source of law.
What is case law?
Law that comes from court desitions
How is case law also called?
Opinions
What is stare decisis?
To stand by the decision
Under what circumstance does federal law trump state law?
When they are in conflict
How are the ten amendments to the constitution called?
The Bill of Rights
Which amendment has the freedom of speach on it?
The first
Who is the only person or institution that can not prohibit the right of speach?
The government
What does the Establishment Clause do?
It prohibits the government establishing one religion of favoring over another
How is the surveillance movement called?
Prism
Who elects or appoints the justices of the Supreme Court?
The Suprime Court justices are appointed by the President
Who authorizes the Federal Courts?
Article II of the Constitution
What branch of the government are Federal Courts?
Third
What does Article III of the constitution say?
The judicial power of the USA is vested in the Federal court system
The highest court is the Supreme court
Congress might create other inferior courts
Supreme Court Justices are appointed for lifetime, unless removed from office
Their salary can not be decreased
Where is the Federal Court System created on?
The Constitution
What does Article II of the Constitution say?
That federal judges are appointed by the president
What is the main chech that the executive have on the Federal courts?
Is the power of appointment
What is the main Constitutional check that the federal courts have on the executive brank?
Through the process of impeachment
Who has to advice and consent the president appointments of the Judges in the federal courts?
The Senate
What does Article I of the Constitution provides?
The chief justice of the Supreme Court presides over the Senate when the president is impeached
What is the main check that the federal court has over the legislative branch?
The process of judicial review
Who can turn specific Supreme Court decisions?
The Congress
Who can rule if a Federal Law is constitutional?
The Supreme Court
What is the Federal Court structure?
The Supreme Court
The Courts of Appeal and
The District Courts
What type of cases does the Supreme Court hears?
Cases of appeal
Which one is the highest court?
The Suprime Court
How many judges are in the Supreme Court?
9
When does the Supreme Court hear cases?
When 4 of 9 justices agree on a writ
Where does the Supreme Court meet?
On Washington D.C.
What is the file name for the Supreme Court or federal courts to Appeals called?
Writ of certiorari
What does the process of certiorari mean?
That 4 of 9 judges have to agree on the writ
Another name for the Supreme Court is?
The highest court in the land
How many courts of appeal are there in the country?
12
Another name for courts of appeal is
Circuit courts
What is the lower level of the federal court structure?
The district courts
What type of jurisdiction do courts of appeal have?
Only appeal jurisdiction.
They don’t have general jurisdiction
How many District Courts exist?
94
What type of jurisdiction do District Courts have?
Original jurisdiction
What are District Courts?
Trial courts
What is suplemental jurisdiction?
Are claims already before that court
What cases do Federal Courts hear?
- Cases related to the Constitution or federal law
- Cases with diversity jurisdiction when the amount in controversy is 75000 or greater
- Cases already before that court
What are federal distric courts for?
Are courts where civil or criminal cases start
Which states have 4 federal district courts?
California
NY and
Texas
How many states does each court of appeal or circuit court handle?
More than one state
Are Courts of appeal jury or appellate courts?
They are courts of appeal, they don do jury trial
What document is used to gain merit of appeal?
Briefs
What is a brief?
Is the form necesary to file to gain merit for an appeal before the courts of appeal
How many judges are present in a court of appeal?
3
What is “banc panel”?
When all judges are asked to be present for a hearing
What is jurisdiction?
Is the power of a court to hear certain case
What is diversity jurisdiction?
When federal law authorizes federal courts to hear cases from parties with citizens from different states
What does “federal question” jurisdiction mean?
That federal courts can hear cases related to the constitution or other federal law
What does “trial court” means?
That judges from district courts are authorized to try cases.
What is the role of a circuit court?
To handle cases where a party argues that a district court made an error in handling their case
Who is the chief justice of the Supreme Court?
John G. Roberts
How is a not granted writ called?
Denied certiorari
How does a case gets to the Supreme Court?
- By original jurisdiction
- By writ of certiori
- Appeal of a state Supreme Court
What are the word the Supreme Courts uses to start hearings?
Oyez, oyez, oyez
What is the final decision of the Supreme Court called?
Opinion
For how long can a lawyer talk about his case in the Supreme Court?
Half an hour
What is an “opinion”.
Is the final decision of the Supreme Court
when is a mayor opinion reached?
When 5 justices agree on the decision
What is a concurring opinion?
Is the written opinion of the justices of majority
What is dissenting opinion?
Is the written opinion of the justices not in the mayority
What is “per curiam”?
Is the majority opinion delivered by the court, it is not a write opinion
What document shows how the decision was reached?
The dissenting opinion
Name other Federal Courts besides the Suprim Court and the Courts of Appeal
Article I courts, US Tax court
Bankruptcy courts
the US Court of Appeal for the Federal Circuit
What is the United State Code?
Is the compilation of all existing federal law
What is the code of federal regulation?
Is the compilation of all regulations issued by federal agencies
What is the federal Suplement?
Is a compilation of the opinion of all judges serving in the federal district courts
How are case laws also called?
Opinions
How are legistations also called?
Statutes
What is the diference between a statute and a code?
A statute is a law passed by a legislative body and
A code is the systematic collection or revision of law rules and regulations
Is common law writen into statutes?
No
What is another name for legislation?
Statute
Kind of courts in old England
Courts in law and equity
What is an equity court?
Are cases not covered by writen law
What state did not adopted the common law of England?
Luisiana
They adopted French law
Does common law have statutary basis?
No
What areas of law are traditionally part of common law?
Property, contracts and torts
What is the Constitution?
Is the fundamental law in which all future law are based
Who creates the branches of government?
The Constitution
What does the Constitution do?
Identifies rights and obligations of government and citizens
What is the second amendment?
To bear arms
How are the first ten amendments called?
The Bill of Rights
What is the third amentment?
Quartering soldiers
How many amendment are there in the Constitution?
27
What does the fifth amendmant say?
Talks about self-incrimination
What is an administrative regulation?
Is law designated to explain or carry out the statutes and executive orders that govern an administrative agency
What is administrative ruling?
Is a resolution of dispute between a person or entity and an administrative agency
The administratine rulings are analogous to what?
Case law
What is a charter?
Is the fundamental law of a municipality
What does a charter do?
It authorizes a municipality to perform designated government functions
What does enactment mean?
To make it into law
What is an ordinance?
Is the same as case law but at a city level
What are Court Rules?
Procedural law that govern the mechanism of litigation before a particula court
What are executive orders?
Laws issued by the chief executive to a statutory or executive authority to operate the government agencies
What is standing?
Is the legal right of a person to bring a lawsui
Who can bring a standing?
A person who has a case
What are the elements of standing?
Injury-in-fact
Causation
Capable of relief
What is injury-in-fact?
Means denial of service, access, benefit or civil right
Can an injury-in-fact be hypothetical?
No, it has to be real
In an injury-in-fact do you have to have a physical injury?
No
What is a causation?
That the injury has to be traced to the defendants conduct
What must be between a causal relationship?
What the defendant did or not do and the injury suffered
What does capable of relief means?
That if the lawsuit is won, it will be able to redress the wrong committed by the defendant
The court can do something to correct the wrong doing
Can the court order to pay money in a capable of relief case?
No
It asks the damage to be repaired
What happens if there is no standing in a case?
There is no lawsuit and the case is dismissed
What is a procedure for court?
To have standing
What does ripeness mean?
That it is too early to decide a case
What does mootness mean?
It is too late for a court to decide
What does venus mean?
If it is the right court
What does political question mean?
Is the subject matter appropiate for the court to decide
