Chapter I: Intro to Legal Reasearch

Question 1

The constitution

Answer 1

• The framework for operation of federal/state systems of government and the rules for their relationship
• Creates three branches of gov (legislative, judicial, and executive) and defines their power
• supreme law of the US

Question 2

Federal Government

Answer 2

• Consists of three branches (legislative, judicial, and executive)

Question 3

Checks and Balances

Answer 3

The constitution provides checks and balances which allows each branch of gov to monitor the activities of each other in order to prevent abuses of power

Question 4

Legislative Branch

Answer 4

• creates the laws
• called the congress which is composed of two chambers, the senate and the house of representative
• creates laws called statutes

Question 5

Statutes

Answer 5

• Can be new rules of laws
• Can supersede case law or common law
• Can adopt case law or common law as its own
• the statutes and the US constitution comprise one body of law called enacted law

Question 6

Case Law or Common Law

Answer 6

Laws made in court.

Question 7

codification

Answer 7

When congress adopts common law as its own

Question 8

Enacted Law

Answer 8

The statutes and US constitution comprise one body of law called enacted law

Question 9

Bill

Answer 9

When a proposed law is introduced it is called a bill.

Question 10

Steps of a bill becoming a law

Answer 10

1. Both chambers of congress must approve of it.
2. If approved, it is sent to the chief of the executive branch (the president)
3. If he signs the bill it becomes a law.
   - He can veto the bill but congress can override it with a 2/3 majority vote
   - He can withhold action on it and if he does not act within ten days the bill returns to congress.
   
   • > Bill becomes a law if congress is still in session and does not become a law if they are no longer in session (pocket veto)

Question 11

Pocket Veto

Answer 11

If the president fails to act on the bill within the ten days and the legislature is out of session, the bill does not become a law. This action is called a pocket veto.

Question 12

Executive Branch

Answer 12

• Headed by the president

- Has authority over many administrative agencies

Question 13

The President

Answer 13

• Appoints the cabinet
• oversees many federal agencies
• commander in chief of the armed forces
• can enter into treaties with consent of the senate

Question 14

Administrative Agencies

Answer 14

• enforce many of the laws
• regulate activities controlled by federal law
• lessens the responsibilities of congress
• can hold hearings to enforce the law
• responsible for the day to day management of the federal government

Question 15

Judicial Branch

Answer 15

• interprets the law
• Consists of three levels of court
  1. Trial court which is the entry level court
  2. appellate court considers any appeals of trial court
  3. Supreme court which makes decisions that cannot be appealed
• courts must have jurisdiction to hear a case

Question 16

Types of cases that federal courts have jurisdiction over

Answer 16

• cases of issues regarding federal law

- disputes between parties of different states, called diversity cases

Question 17

diversity cases

Answer 17

Cases where the parties are of different states

Question 18

Trial Court

Answer 18

• considered a court of original jurisdiction because it is the first place a party goes to stand trial
• hears appeals from administrative agencies although sometimes appeals go straight to the appellate court
• hears appeals from federal bankruptcy courts
• called district courts in federal law

Question 19

Appellate Courts

Answer 19

• Appeals of the trial court go to one of the 13 federal appellate courts, called the US Courts of Appeals which is broken up into circuits

Question 20

Circuits of the Federal Appellate Courts

Answer 20

• Eleven circuits are known as the first-eleventh and then there is the Federal Circuit and the District of Columbia Circuit
• circuits are geographical except for the federal circuit
• decide issues of law
• do not consider new factual evidence
• witnesses are not brought to trials

Question 21

US Supreme Court

Answer 21

• established by the constitution
• has certiorari
• has the right to original jurisdiction
• can determine if a state law is unconstitutional and therefore invalidate the state law

Question 22

certiorari

Answer 22

The US supreme court has certiorari, meaning it can decide which issues to hear. If it decides to hear a case, it grants certiorari.

Question 23

State Governments

Answer 23

• Have legislative, executive, and judicial branches

Question 24

Legislative Branches in State Governments

Answer 24

• operate similar to congress
• often have two chambers
• create administrative agencies
• chief executive is the governor

Question 25

Judicial System of State Governments

Answer 25

- some have three-tier system of the federal judicial branch but many do not have appellate courts - come have court similar to supreme court but separated into criminal and civil cases