Chapter 1 Flashcards
The American legal system five sources of law
Common Equity Statutory Constitutional (federal and state) Executive orders and administrative rules
Common law
Derive authority not from ? But from ?
What of the people ? Used by kings court as ?
Considered ?
What contributed to longevity
Beneficial because it built ? Which contributes to its
Stare decisis
Legislation/ community usage and customs Customs: foundations of law Judge made or discovered law Adaptability Consistency within the law/legitimacy Let decision stand
Activism vs. restraint of common law ?
??
Role of precedent
Following precedent is not always ?
Options concerning precedent:
Always proper way to proceed
Accept/follow
Modify/update: modification to have it correspond more accurately with circumstances or society
Distinguish: identify differences from current case if facts or issues are diff.
Overrule: declare prior decision was wrong and no longer law
When does overruling happen
Changes in factual knowledge or circumstances concerning case
Changes in social mores/ values
Changes in judges/ justices on the court
Equity law A.K.A What is difference from common law Equity was originally a ? And was developed Never ? Rulings instead come in form of Much less reliant on Most common remedy in civil lawsuits is Equity allows judges to issue orders that can be
Judge made Procedures and remedies Supplement to common law/ developed side by side with it Tried before a jury Judicial decrees Procedures Damages money Preventative or remedial (restraining order)
Statutory law Created by ? Deals with issues affecting Characteristic ? Criminal laws are all Passage of law does not signal ? As courts often have to be involved in determining? Statutory construction is the ?
Elective legislative bodies at local state and federal level
Large groups of people
Anticipatory
Statutory laws
End of it as courts have to determine exactly what law entails
Interpretation of particular statute
Arguing that statute violates first amendment
What two attacks ?
Facial: addressing problems with the wording
As-applied: addressing problems with actual application
Constitutional law
Constitutional provide the ?
Outline of ? Of the government
Guarantee
Changing constitution is extremely ?
Considered most important?
Amendments only passed with a ? Vote in the US house and senate
How many amendments are appended to the US constitution
-first ten are
State constitutions can give citizens ? But they cannot ?
Plan for the establishment and organizations of congress Duties responsibilities and powers Basic rights to the people Difficult Source of law in US 2/3 majority vote 27/ bill of rights Greater rights than provided by federal constitution/ but cannot take any away from federal
Void for vagueness doctrine: law unconstitutional of person of ?
What case ?
Overbreadth doctrine:
A law is overbroad if it does not aim only at problems with it ? But also sweeps within its ambit or scope other activities that
Reasonable and ordinary intelligence wouldn’t be able to tell from looking at terms what speech is allowed and what is not
Coates v. City of Cincinnati (1971)
Problems within allowable area of legitimate government control/ other activities that constitute and exercise of protected expression
Erznoznik v. Jacksonville
Executive orders and administrative
Orders issued by? And rules generated by the ?
Government executives all have the power to ? This power is defined by ?
An order from an executive that exceeds there power can be ?
Overstepping by a president would violate the ?
Laws that go beyond ?
Elected officers of government /administrative agencies of government at federal state and local levels
Issue rules of law
Constitution that establishes the office
Overturned by legislator or court
Separation of powers among legislative judicial and executive branches
Congress scope of knowledge
Media administrative agencies ? FCC created Created in ? Regulates ? How many members
FTC FCC 1934 Broadcasting and other telecommunications Five member
The judicial system
How many systems
52
Trial courts ? Finding First stop for all ? Considers What what and what
Fact Cases Juries Laws and facts Testimony evidence and witnesses
Appellate courts What reviewing ? Decides if law has Begins at ? And proceeds to No new
Law reviewing
Been applied correctly
Trial level and proceeds to appellate
Evidence is presented
Other federal courts How many district courts How many circuits in US court of appeals Why matters All federal judges are appointed for.
94
13
Criminal and civil matter
Life terms
1-11 is the 13 US court of appeals are referred to ?
Court of appeals for ?
Federal circuit ?
Highest court ?
Appellate courts ?
Trial courts?
Numerically
District of Columbia
Court of appeals
Us Supreme Court
Us circuit of appeals (13)
Us court of international trade/ is court of claims / us district courts (94)
The federal court system Cases that arise under Cases that involve? Cases that involve Cases that involve controversies when Cases that involve controversies between Cases that involve controversies between
US constitution/ US law/ and US treaties Ambassadors and ministers duly accredited or foreign countries Admiralty and maritime law US is party to the suit Two or more states Citizens of different states
The Supreme Court Oldest ? Established? Primary task is? Received cases either by ? May take how many years to be heard Maintaining perceived legitimacy by hearing ? Comprised of one ? And 8? All with ? The rule of
Federal court 1789 Appellate tribunal Direct appeal or writ of certiorari 5 years or more Relevant societa issues Chief of justice / associate justices / lifetime tenure Four
Direct appeal
Less likely to ?
Used by states if federal appeals court declares that a state statute violates ?
Succeed
US constitution or conflicts with US law
Writ of certiorari
Discretionary order issued by court when it feels that?
Petitioned has ?
Any litigant can ?
The High court receives how many petitions a year
The rule of ?
How many accepted per year
Important legal question has been raised Exhausted all other legal remedies Petition the court to grant a writ 7,500 a year Four 76-85
Types of Supreme Court opinions:
In the case of a tie the decision of the lower court is ?
Opinion of the court (majority opinion) Concurring opinion Dissenting opinion (minority ioninion) Plurality opinion Per Curiam opinion (unsigned opinion) Memorandum order
Affirmed
State court systems
Established by ?
Trial courts are the base of ?
Courts of limited ?
A jury is most likely to be found in the trial court of
Every state has a? But is not necessarily ?
There is a level above trial courts called ? Where most appeals
The constitution or legislature Each judicial system Limited jurisdiction General jurisdiction Supreme Court/ not always called that Intermediate court or court of appeals where most appeals end
Judicial review
The right of any court to declare any law or official governmental action ?
Invalid because it violates a constitutional provision
Civil lawsuits Who brings lawsuit Defendant ? Statement of ? If the defendant does not respond they ? Possibility for? The defendant can file a motion to ? If facts are disputed case is held in front of ? Defendants are ? Not? The judge does not have to ? In case of an appeal the person seeking the appeal is the ? And the other party is the ? Damages are not awarded until ?
Plaintiff Defends Allegations, desired remedy, and legal theory basis Lose suit by default Settling case out of court Judge and jury Liable/ not guilty Appellant /appellee Defendants exhaust all their appeals
Criminal cases Initiated by the? Charging of a serious crime requires Charged defendants are ? Defendant pleads ? During trial the burden is on the? To prove it’s case beyond Judge cannot
Government Grand jury Arraigned Guilty or not guilty Prosecution/ beyond a reasonable doubt Overturn a juries decision
