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Law and Justice > Exam One Study Cards > Flashcards

Exam One Study Cards Flashcards

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1
Q

Elements of the legal system

A

structure, substance, culture

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2
Q

Private Law

A
  • Citizens vs Citizens
  • State has limited interest
  • Torts, contracts, family law
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3
Q

Public Law

A
  • Violations of the state
  • State has primary interest
  • criminal law, administrative law
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4
Q

Contact Phase

A
  • Liability and Jurisdiction?
  • Colonial courts dominate
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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
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6
Q

Post Contact II (1783-1860)

A
  • exclusive federal power to negotiate with tribes
  • supreme court question of the indian title
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7
Q

Post Contact III (1860-1940)

A
  • forced federal removals
  • introduced to reservations to establish native american autonomy
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8
Q

Property Ownership in England

A
  • feudal system
  • limited land
  • rigid social class structure
  • impossible for lower social classes to own property
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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
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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
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11
Q

Antebellum ?

A

america changed by the early 1800s and no longer european competitors in north america

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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
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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
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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
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15
Q

contemporary property rights

A
  • courts turns conservative from 1970s onward
  • shift back towards unregulated capitalism
  • attitude toward property rights stays consistent
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16
Q

receiving and carrying
Receiving

A

The laws received by American colonies from the english crown

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17
Q

receiving and carrying
carrying

A

Those laws instituted by colonial legislatures in response to unique issues, faced by the colonies

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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
Q

Appellate English process

A

Privy council committee provided for appeals from the colonies to the English crown, you can imagine how often this was used

26
Q

Vice Admirality courts

A

instituted by the crown, judges often Americans exercise tight control over colonial shipping

27
Q

chancery Courts

A

had a qausi political purpose, colonist viewed them with suspicion, eventually adopted equitable remedies

28
Q

how many lawyers came over with the initial settlers?

A

one

29
Q

Slaves

A

Little to no legal rights, serve at pleasure of a master

30
Q

Peasants and serfs

A

technical land owners, but live life and debt to the Lord

31
Q

Wandering poor

A

unskilled, migrant workers and widows

32
Q

allotment

A

piece of land deeded by the government to a north american indian as part of the division of tribally held land

33
Q

writ of assistance

A

an order directing that a party convey, deliver, or turn over a deed, document, or right of ownership

34
Q

dower

A

the rights is a deceased husband that property goes to his widow wife

35
Q

leaders of the american revolution

A

merchants, landowners, lawyers, the law as an abstract construct

36
Q

Judiciary act of 1789

A

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
Q

Distributive justice winners

A

northerners, industry, entrepreneurs, merchant/manufactures

38
Q

distributive justice losers

A

southerners, agriculture, laborers, indigenous groups, speculators

39
Q

Eminent domain

A

The right of a government, or it’s agent to expropriate private property for public use with payment of compensation

40
Q

Laissez-faire

A

Abstention by governments from interfering in the workings of the free market

41
Q

civil law

A

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
Q

common law

A

A body of unwritten laws based on legal precedents established by the courts

43
Q

Crown party

A
  • sees colonies as a way of wealth
  • wants to empower parliament to modernize economically
44
Q

whig party

A
  • wants britain to return to agrarian focus
  • wants to restrain parliament the same way the monarchy was restrained

Law and Justice (1 decks)

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