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JOUR 301 - Communication Law & Policy > Chapter 1: American Legal System > Flashcards

Chapter 1: American Legal System Flashcards

Study Guide

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1
Q

What are the 3 main levels of the US federal court system?

A

District courts, Circuit courts and the Supreme Court.

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2
Q

What is the highest federal court in the US?

A

The Supreme Court

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3
Q

What is the law?

A

It defines what is legally right and wrong.

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4
Q

The Law help establishes:

A
  • Sanctions & remedies for violations
  • Provides confidence & predictability to individuals
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5
Q

What are “rules”?

A

It consist of written laws and court decisions.

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6
Q

What is a constitutions?

A

Establish organizations, powers and limits of the government.

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7
Q

What is the Supreme Law of the Land?

A

U.S. Constitution

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8
Q

What does the U.S. Constitution do?

A
  • Creates the US Government
  • 10th Amendment, Reservation clause (establish State rights).
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9
Q

What do State Constitutions do?

A
  • Creates State Government
  • It is the highest form of the Law within the State
  • Is still subject to the U.S. Constitution
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10
Q

What is a Statutory Law?

A

Written laws created and passed by a legislature that is then signed by the executive (aka statutes).

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11
Q

Can Statutory Laws be implemented at the federal level, state level, or both?

A

Both

(they can be implemented at the federal and state level).

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12
Q

Can Statutory Laws violated U.S. or State Constitutions?

A

NO, statutes can NOT violate U.S. or State Constitutions.

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13
Q

What are the 3 types of Statutory Laws?

A
  • Administrative Law
  • Common Law
  • Case Law
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14
Q

Define Administrative Law

A

Rules, orders, decisions, or decrees issued by an administrative agency.

(Types of Administrative Bodies: Executive Agencies and Regulatory Agencies)

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15
Q

What are some examples of Executive Agencies and who do they answer to?

A

Examples: U.S. DOT and Texas Department of Transportation

They answer to the President/Governor.

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16
Q

What are some examples of Regulatory Agencies and who do they answer to?

A

Examples: SEC and FCC

They generally answer to a board, or a commissioner who is appointed for a fixed term.

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17
Q

An American Law based upon old English Law

A

Common Law

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18
Q

What are the 2 general types of law based on the Old English Law?

A
  • Courts of Law & Remedies at Law (Damages or Remedies - land, items, or money).
  • Courts of Equity - Justice and Fair dealings (Damages are unable - specific performance, injunction, recission)
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19
Q

Can courts today have jurisdiction or authority to grant both Common & Old English Law?

A

Yes (they can grant both remedies) .

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20
Q

In a court they are usually the ones who brings issues the action.

A

Plaintiff/Petitioner

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21
Q

In a court they are usually the party who is being sued.

A

Defendant/Respondent

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22
Q

Defenses raised by the Respondent - SOL (statute of limitations)

A

Laches

23
Q

A law that limits the amount of time a plaintiff has to file a complaint after an incident.

A

Statute of Limitations

24
Q

Why are lawyers afraid of Statutes of Limitations (SOL)?

A

If a lawyer misses a SOL, they can be sued by the plaintiff/respondent in court.

25
Q

The doctrine of precedent, under which court must follow earlier decisions when the same facts/law appear (To stand on decided cases).

A

Stare Decisis?

26
Q

A court decision that is considered controlling on either the facts or legal issue.

A

Legal Precedent

27
Q

The power to make legal decisions and judgements.

A

Jurisdiction

28
Q

T/F: Are U.S. Supreme Court decisions Binding?

A

True (decisions by higher courts are binding and cannot be overturned– unless for a really good reason).

29
Q

What is the “I” in IRAC (legal reasoning)?

A

Issue

(What is the case or controversy about?)

30
Q

What is the “R” in IRAC (legal reasoning)?

A

Rule

(What rule of law will apply?)

31
Q

What is the “A” in IRAC (legal reasoning)?

A

Application

(Applying the rule of law to facts and circumstances giving rise to the controversy. Lawyers and judges look to apply or distinguish previous decisions.)

32
Q

What is the “C” in IRAC (legal reasoning)?

A

Conclusion

(Decision)

33
Q

T/F: Decisions are black and white in a court case.

A

False

(Decisions are NOT black and white. Solid arguments can be made by both sides.)

34
Q

T/F: Laws or statues can be flexibly interpreted.

A

True

(Courts look at intent behind the law and be flexibly interpreted.)

35
Q

Law that defines and creates legal rights and obligations (Concerned with the rights and duties being claimed or prosecuted).

A

Substantive law

36
Q

Laws, rules, and guidelines that govern how a court conducts its business and the way in which court cases proceed. (Concerned with the process of a legal case)

A

Procedural law

37
Q

Law classification that addresses the relationship between person and government.

A

Public Law

38
Q

Law classification that addresses the relationship between private entities.

A

Private Laws

39
Q

What legal standard that is required for a party to provide evidence to support a claim in court for both Civil and Criminal cases/law?

A

Burden of Proof

40
Q

A proof that the party must produce enough evidence and persuade the trier of fact (such as a judge or jury) that the fact or issue exists.

A

Burden of Production and Persuasion.

41
Q

New bodies of law that governs transactions over the internet.

A

Cyberlaw

42
Q

Who is listed first in a trail court?

A

Plaintiff/Petitioner

43
Q

Who is listed second in a trail court?

A

Defendant/Respondent

44
Q

Who is listed first in an Appellate Court?

(Usually is the one to take the appeal.)

A

The Appellant

45
Q

Who is listed second in an Appellate Court?

(Usually is the victorious or defending party.)

A

The Appellee

46
Q

T/F: In Appellate Courts, names may flip (the Appellant and the Appellee).

A

True

47
Q

T/F: In Higher or Highest Courts, names may not flip again.

A

False

(Higher or Highest Court names MAY flip again. Depending on the case).

48
Q

What helps explain why the courts rational/reasoning behind their decisions on the case in law and facts?

A

Written Opinions/Decisions

49
Q

All justices agree on the law and facts

A

Unanimous Decision

50
Q

Outlines the rational of the judges that decided the case.

A

Majority Opinion

51
Q

Outlines the rational of the judge(s) agreeing on the ultimate outcome BUT not the majority’s legal reasoning.

A

Concurring Opinion

52
Q

Outlines the rational on why the justice(s) disagree with the Majority’s Opinion.

A

Dissenting Opinion

53
Q

Unable to get a majority

A

Plurality Opinion

JOUR 301 - Communication Law & Policy (4 decks)

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