Federalism, Gov. Functions, Common Law System & Stare Decisis &Preemption Flashcards
Federalism
Established by the Supremacy Clause of the US Constitution & Tenth Amendment
State governments separate from federal governments
Enumerated Powers
Powers explicitly granted to the federal government like regulating interstate commerce, coining money, and declaring war
Reserved Powers
Powers not listed in the Constitution that are reserved for the states, such as regulating education and local law enforcement.
Concurrent Powers
Powers shared by both federal and state governments, including taxing, borrowing money, and enforcing laws.
Executive Branch
President & Federal Agencies
enforce federal laws, conduct foreign policy, and manage national defense
Legislative
Congress: Senate & House of Representatives
makes federal laws, controls federal spending, and they have powers enumerated in the Constitution like regulating interstate commerce
Judicial
interprets laws in the Constitution
ensures that laws comply with constitutional principles
Common Law
Judicial precedents and case law are primary sources
Judges interpret, apply, and create law through rulings
Adversarial system with parties presenting cases to a judge or jury
Adapitve: evolves through judicial decisions
Stare Decisis
the principle that compels courts to respect and adhere to precedents. When a court follows a precedent, it is applying the doctrine of stare decisis
Precedent
Cases that are sufficiently similar in legal issues and facts
Hierarchy of courts
The level of authority of a court’s decisions is typically based on its position within the judicial hierarchy. Decisions of the highest court in a jurisdiction, often referred to as the “supreme court,” are typically binding precedents for all lower courts.
Overruling Precedent
Precedent can be overruled or reversed by a higher court or, in some cases, by the same court that issued the original decision.
Reasons for Overruling Precedent
Change in Legal or Social Context: The court may find that societal values or understandings have evolved since the precedent was established
Flawed Reasoning: the original decision may be viewed as poorly reasoned or incorrect in its legal interpretation
Judicial Philosophy: Changes in the Court’s composition or judicial philosophy may influence the decision to overrule
Practical Inconsistencies: the precedent may have proven unworkable or inconsistent in practice
Distinguishing Precedent
Courts may distinguish the facts and legal issues in a current case from those in a prior case to avoid following precedent when they believe it does not apply.
Development of Common Law
Precedent plays a crucial role in the development of common law, as it provides a means for the legal system to adapt and evolve over time based on changing circumstances.
Preemption
when a higher authority of law (federal) displaces or overrides the law of a lower authority (state or local) due to a conflict or because the higher authority intends to fully occupy that field
Express Preemption
When a federal law explicitly states that it overrides state or local laws.
Implied Preemption
Conflict Preemption: when it is impossible to comply with both federal and state laws, or when state laws stand as an obstacle to the objectives of federal law
Field Preemption: When a federal regulation is so comprehensive that it occupies the entire regulatory field, leaving no room for state laws
(Federal Court) Amount of Judges needed for a writ of cert
4
Number of Circuit Courts (U.S. Court of Appeals)
13
Federal Subject Matter Jurisdiction
Patents
Trademarks
Veterans Affairs
International trade
constitutionality of a law;
laws and treaties of the U.S.;
involving ambassadors and - public ministers;
Disputes between two or more states;
Admiralty law;
Bankruptcy; and
Habeas corpus issues.
CA Intermediate Court of Appeals
6 districts that are part of one unified court
Superior Courts of each county are bound by all the decisions of the California Court of Appeal, regardless of district because the 6 districts are part of one unified court
Types of Cases Heard (State Courts)
Most criminal cases, probate (involving wills and estates)
Most contract cases, tort cases (personal injuries), family law (marriages, divorces, adoptions), etc.
State courts are the final arbiters of state laws and constitutions.
Benefits of Diversifying the Profession
Leads to better decision-making
Leads to more equitable policies and practices
Tend to be more innovative, attract a wider range of clients, and achieve better financial results
Enriches the legal profession by bringing in a variety of perspectives, experiences, and ideas
