Ch. 1-4 Flashcards
Supreme Court Justices
John Roberts, Clarence Thomas, Samuel Alito, Sonia Sotomayor, Elena Kasan, Neil Govsuch, Brett Kavanaugh, Amy Coney Barrett, Katanji Jackson
Political Science
The systematic study of government and politics
Federalism
Levels of government (2 levels: fed and state)
Strict Construction
What the forefathers set up
Judicial Restraint
Belief that the government should be restrained
Loose construction
The belief that the constitution is a living document and changes with the time
Judicial Activism
Government can be changed and interpreted
Legal System
An array of government institutions and a number of key actors and participants
Law
Standards of conduct; establish procedures in governing
Courts
Enforce the laws and decide disputes based upon the law
Legislature
Make laws; principal law makers
Dual court systems
State and federal
Litigation
The process that defines disputes and how they are handled
Politics
Those involved in the process of governing
Civil law
The oldest family of law, Roman law, based on code
Code
Compilation of laws
Common law
Judge made law, brings precedent
Equity
Remedies other than damages, not based on money
Plaintiff
The one suing
Precedent
Judge made decision to be followed by other cases
Stare Decisis
Let the decision stand; precedent
Dicta
Judicial expressions in a case non-binding
Holding in the case
Court’s deciding
Adversary system
American system of how two sides compete in court
Constitution
Fundamental law of the land
Bill of rights
First ten amendments of constitution and protects basic rights
Statutes
Laws passed by legislature, second run of law, congress is the most important legislative body
Administrative regulations
Third run, government bureaucracy
3 kinds of Public Law
Criminal law, constitutional law, and administrative law
Private law
Laws covering disputes between private property
Tort
Private wrong wanting compensation
Injury
Harm, a violation of another person’s legal rights
Contract
A legal agreement, usually in writing
Property
A legal right to use or dispose of items
Real property
Land and the buildings attached to
Personal property
Possessions other than land
Will
Legal disposition of property after death
Civil suit
One person suing another for damages
Felony
A serious crime
Misdemeanor
Less serious crimes
Substantive law
Laws that deal with content
Right
The ability to control certain activities of other people
Procedural law
Methods of enforcing rights
Rules of court
Specify how lawsuits are filed, procedures they have to go through, and the time frame
Due process of law
Fundamental protection of rights
Judgement
Official court decision
Remedy
Vindication of a claim of a right; a right that’s enforced, preventing a violation of a right
Restitution
To restore or to make good
Compensatory damages
Civil cases, money damages for harm suffered
Punitive damages
Civil cases, money damages beyond actual harm; action that is wanton, reckless, or reprehensible
Injunction
A court order to do or not do something
Doctrines of Access
Rules/ procedures established by the judiciary that prevents access to the court
Jurisdiction
The authority of a court to hear a case
Extradition
The process of returning a person to the area a crime was committed
Original jurisdiction
The court that hear the case first (trial courts)
Appellate Jurisdiction
The power to review cases that have already been decided by another court
Dual court system
Fed and state courts
Writ of Certiorari
Order to a lower court to send up records of a case to see if a law was properly applied
Rule of four
Four justices on the US Supreme Court must vote to hear the case
Constitutional courts
Article III courts, more independent, district courts, US courts of appeal, US Supreme Court: lifetime appointments
Legislative courts
Established by congress under article I, specific terms (no lifetime appointments), no salary, important for business and hears bankruptcy cases, magistrates
Trial courts of limited jurisdiction
General district courts; small cases with no significance, no lawyers or juries
Courts of records
Higher courts that keep transcripts (can be appealed)
Small claims courts
Civil cases, limited jurisdiction
Trial courts of general jurisdiction
Circuit courts
Domestic Relations cases
Juvenile domestic relations (JDR)
Probate
Estates
State Court of Last Resort
State’s Supreme Court
En banc
As a group
Discretionary jurisdiction
Choose the cases in which you hear
Municipal courts
City courts
Juvenile courts
Deals with children
Parens patriae
The state is the one in charge of
Delinquent
A child who is constantly in trouble
Status offenses
Only applies to juveniles, most common offense is runaways
