Constitutional law

Question 1

How common law is developed

Answer 1

Is developed case by case from court decisions and considers prior case law to be a very high source of authority

Question 2

Doctrine that follows common law

Answer 2

Stare decisis - a court should follow the legal principle decided by that court or a higher court in a prior case where the factos of the prior case are substantially the same as the facts in the present case

Question 3

Statutes

Answer 3

Law = act = statutes

Question 4

Case law

Answer 4

Compilation of judge’s decisions

Question 5

Stare decisis

Answer 5

Means “lead the decision stand”
- Is the application of similar prior decisions in present cases

• The past decisions are known as precedent
• Not all the courts are obligated to follow the principle

Question 6

Sources of law

Answer 6

1. Enacted law (state & federal)
   - Constitutions
   - Statutes
   - Treaties
   - Court rules
   - Administrative agency rules
2. Caselaw (state & federal)
   - Judicial:
   * Common law caselaw
   * Caselaw interpreting enacted law
   - Administrative agency decisions
3. Secondary Authorities

Question 7

Hierarchy of sources of law

Answer 7

1. U.S. Constitution
2. Federal stautes, treaties and court rules
3. Federal administrative agency rules
4. Federal common law caselaw
5. State constitutions
6. State statutes and court rules
7. State agency rules
8. State common law caselaw
9. Secondary authorities

• Each level of enacted law includes caselaw interpreting enacted law

Question 8

Requirements for binding precedents

Answer 8

1. The prior case must address the same legal questions as applied to similar facts
   - The higher the degree of factual similarity, the more weight the judge gives the prior case when deciding the present matter
   - Litigants compare and contrast prior cases with their own briefs submitted to court
   - The judge reviews and weighs these arguments but also may conduct his own research into, and analysis of, prior cases
2. The case must have been decided by the same court or a superior court within hierarchy to which the court considering the new case belongs

Question 9

American Hierarchical Court System

Answer 9

1. Supreme Court of the United States
2. Federal Courts:
   - U.S. Courts of appeal (13 circuit courts)
   - U.S. District courts (trial courts with judge and jury mostly, unless the parts reject them)
3. State courts:
   - State supreme Courts
   - Intermediate appellate courts (39 of 50 states)
   - State trial courts (across 50 states)

Question 10

What determines whether is a federal or state court

Answer 10

The type of statutes challenged

Question 11

Civil rights act

Answer 11

Federal law that protects individuality against aggressions made by raze, ethnicity, etc.

Question 12

Decisions made by supreme court

Answer 12

Are stare decisis for the whole legal system, becomes binding precedent or obligatory stare decisis (also applies by hierarchy of courts)

Question 13

Persuasive authority

Answer 13

Precedent set by a court of same level or lower jurisdiction. Not binding authority. Is used to guide the thought process of the judge

Question 14

Name of parties depending the process

Answer 14

1. Supreme court
   - Petitioner
   - Respondant
2. Appellate courts
   - Appellant
   - Appellee
3. Trial courts
   - Plaintiff
   - Defendant

Question 15

Amendments

Answer 15

Constitution reforms

Question 16

Justices

Answer 16

• 9 justices
• They stay for life
• 1 Chief justice

Question 17

When a poorly reasoned precedent becomes part of the legal fabric, what are some possible remedies

Answer 17

• Congressional action by making new laws may overturn judicial decisions on statutory issues, or constitutional amendments may overturn judicial decisions
• New legislation invalidates earlier court decisions

Question 18

True or false: The checks and balances that provides the branches with some power to check the other branches and prevent any one branch becoming too powerful, is included in the constitution

Answer 18

False

Question 19

Branches of government

Answer 19

• Legislative
• Executive
• Judicial

Question 20

Impeachment

Answer 20

Juicio político

Question 21

Injuction

Answer 21

Suspensión de una decisión (suspensión en amparo)

Question 22

US Constitution articles related with branches of government

Answer 22

• Article I: legislative power
• Article II: Executive power
• Article III: Judicial power

Question 24

Process of election of justices

Answer 24

• Nominated by the president and must be approved by the senate
• Number of justices is determined by congress
• justices are appointed for life or good behavior

*No justice has ever been removed from the bench due to an impeachment trial

Question 25

Original jurisdiction vs appelate jurisdiction of SCOTUS

Answer 25

- Nearly all cases comes from other courts on appeal via petitions for a "wirit of certiorari" (request to the court) - U.S. constitution determines several small but important categories of cases from original jurisdiction

Question 26

Power of judicial review

Answer 26

Is the power of a court to interpret both the provisions of the constitution and the provisions of a law and to declare the law unconstitutional and null and void if it judges the law to be incompatible with constitution

Question 27

Legal source of judicial review

Answer 27

No explicit language in the constitution give federal courts the power of judicial review, and no explicit language denies them this power