Exam One Study Cards Flashcards
1
Q
Elements of the legal system
A
structure, substance, culture
2
Q
Private Law
A
- Citizens vs Citizens
- State has limited interest
- Torts, contracts, family law
3
Q
Public Law
A
- Violations of the state
- State has primary interest
- criminal law, administrative law
4
Q
Contact Phase
A
- Liability and Jurisdiction?
- Colonial courts dominate
5
Q
Post Contact I (1754-1783)
A
- tribes ally with european powers against the british
- post war treaties deprive them of land and force them interior
6
Q
Post Contact II (1783-1860)
A
- exclusive federal power to negotiate with tribes
- supreme court question of the indian title
7
Q
Post Contact III (1860-1940)
A
- forced federal removals
- introduced to reservations to establish native american autonomy
8
Q
Property Ownership in England
A
- feudal system
- limited land
- rigid social class structure
- impossible for lower social classes to own property
9
Q
Evolution of Property Ownership
A
- Breakdown of european feudal system
- abundance of land
- paucity of colonists (most from low class)
- Potential for conflict
10
Q
Recording system to establish ownership
A
- surveying to fix boundaries
- first to record a deed w boundaries was treated as the land owner
11
Q
Antebellum ?
A
america changed by the early 1800s and no longer european competitors in north america
12
Q
antebellum land ownership
A
- all lane ownership happens w the consent of the government
- government tries not to interfere w most
- if government takes land they must give a fair compensation
13
Q
property rights during reconstruction
A
- dramatic shift in workforce with abolition of slavery
- industrial rev.
- lasseiz faire economics
- judicial resistance and legislative attempts to regulate property
14
Q
Pre war land reform
A
- lasseiz faire economics lead to massive depression
- big attempt by state to regulate economic issues
- courts more tolerant of legislative regulation of commerce and land
15
Q
contemporary property rights
A
- courts turns conservative from 1970s onward
- shift back towards unregulated capitalism
- attitude toward property rights stays consistent
16
Q
receiving and carrying
Receiving
A
The laws received by American colonies from the english crown
17
Q
receiving and carrying
carrying
A
Those laws instituted by colonial legislatures in response to unique issues, faced by the colonies
18
Q
New England colonies
A
- exploitation of abundance of natural resources (fur timber fish)
- marketplace for Southern and Caribbean agriculture
- small independent communities
- Predominantly English
19
Q
Middle colonies
A
- Open fields allow for production of the slaughter animals
- Richer ethnic mix
20
Q
Southern colonies
A
- fertile soil, long, growing seasons, and an abundance of rivers encourage agricultural production (tobacco, rice, indigo)
- most populous colonies, but also the widest disributed
21
Q
Similarities between colonies
A
- development of religious natural law ideas often drawing on consent of the governed (will eventually manifest in the language of the declaration of independence and constitution)
- movement away from the English common law in towards written codes
22
Q
Superior courts
A
handle civil matters and work courts of original criminal jurisdiction , differ dramatically from English courts
23
Q
what are the two factors that begin to unify courts?
A
Increasing in diverse population, Stewart restoration
24
Q
Justice of the peace
A
appointed laypersons, and the lowest level of the judicial system
25
Appellate English process
Privy council committee provided for appeals from the colonies to the English crown, you can imagine how often this was used
26
Vice Admirality courts
instituted by the crown, judges often Americans exercise tight control over colonial shipping
27
chancery Courts
had a qausi political purpose, colonist viewed them with suspicion, eventually adopted equitable remedies
28
how many lawyers came over with the initial settlers?
one
29
Slaves
Little to no legal rights, serve at pleasure of a master
30
Peasants and serfs
technical land owners, but live life and debt to the Lord
31
Wandering poor
unskilled, migrant workers and widows
32
allotment
piece of land deeded by the government to a north american indian as part of the division of tribally held land
33
writ of assistance
an order directing that a party convey, deliver, or turn over a deed, document, or right of ownership
34
dower
the rights is a deceased husband that property goes to his widow wife
35
leaders of the american revolution
merchants, landowners, lawyers, the law as an abstract construct
36
Judiciary act of 1789
an attempt to reconcile competing positions, based on two competing, but ultimately capable policy decisions (creation of a federal court shot. Sure, the new court structures understood in the context of states)
37
Distributive justice winners
northerners, industry, entrepreneurs, merchant/manufactures
38
distributive justice losers
southerners, agriculture, laborers, indigenous groups, speculators
39
Eminent domain
The right of a government, or it’s agent to expropriate private property for public use with payment of compensation
40
Laissez-faire
Abstention by governments from interfering in the workings of the free market
41
civil law
Regards as the type of law, is a branch of law that regulates the non-criminal rights duties of a person, (parentheses natural persons and legal persons)
42
common law
A body of unwritten laws based on legal precedents established by the courts
43
Crown party
- sees colonies as a way of wealth
- wants to empower parliament to modernize economically
44
whig party
- wants britain to return to agrarian focus
- wants to restrain parliament the same way the monarchy was restrained
