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

Chapter 1: American Legal System Flashcards

Study Guide

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)

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
The doctrine of precedent, under which court must follow earlier decisions when the same facts/law appear (To stand on decided cases).
Stare Decisis?
26
A court decision that is considered controlling on either the facts or legal issue.
Legal Precedent
27
The power to make legal decisions and judgements.
Jurisdiction
28
T/F: Are U.S. Supreme Court decisions Binding?
True (decisions by higher courts are binding and cannot be overturned-- unless for a really good reason).
29
What is the "I" in IRAC (legal reasoning)?
Issue (What is the case or controversy about?)
30
What is the "R" in IRAC (legal reasoning)?
Rule (What rule of law will apply?)
31
What is the "A" in IRAC (legal reasoning)?
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
What is the "C" in IRAC (legal reasoning)?
Conclusion (Decision)
33
T/F: Decisions are black and white in a court case.
False (Decisions are NOT black and white. Solid arguments can be made by both sides.)
34
T/F: Laws or statues can be flexibly interpreted.
True (Courts look at intent behind the law and be flexibly interpreted.)
35
Law that defines and creates legal rights and obligations (Concerned with the rights and duties being claimed or prosecuted).
Substantive law
36
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)
Procedural law
37
Law classification that addresses the relationship between person and government.
Public Law
38
Law classification that addresses the relationship between private entities.
Private Laws
39
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?
Burden of Proof
40
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.
Burden of Production and Persuasion.
41
New bodies of law that governs transactions over the internet.
Cyberlaw
42
Who is listed first in a trail court?
Plaintiff/Petitioner
43
Who is listed second in a trail court?
Defendant/Respondent
44
Who is listed first in an Appellate Court? (Usually is the one to take the appeal.)
The Appellant
45
Who is listed second in an Appellate Court? (Usually is the victorious or defending party.)
The Appellee
46
T/F: In Appellate Courts, names may flip (the Appellant and the Appellee).
True
47
T/F: In Higher or Highest Courts, names may not flip again.
False (Higher or Highest Court names MAY flip again. Depending on the case).
48
What helps explain why the courts rational/reasoning behind their decisions on the case in law and facts?
Written Opinions/Decisions
49
All justices agree on the law and facts
Unanimous Decision
50
Outlines the rational of the judges that decided the case.
Majority Opinion
51
Outlines the rational of the judge(s) agreeing on the ultimate outcome BUT not the majority's legal reasoning.
Concurring Opinion
52
Outlines the rational on why the justice(s) disagree with the Majority's Opinion.
Dissenting Opinion
53
Unable to get a majority
Plurality Opinion

JOUR 301 - Communication Law & Policy (4 decks)

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