Introduction to US Law and Court Systems

Question 1

Public vs Private Law

Answer 1

Public law: set of laws that governs relationship between citizens and government (constitutional, administrative, and much of criminal law)

Private law: set of laws that governs relationship of private citizens with each other (contract, tort, property law)

Question 2

state action doctrine

Answer 2

The constitutional law principle that the Constitution applies only to state action toward individuals, not actions between individuals where there is no state
involvement.

Question 3

Substantive law vs. Procedural law

Answer 3

Substantive law: law that governs how people behave (semantics of law)

Procedural law: law that governs how to make use of the legal system, including how to make and enforce laws (law’s grammar)

Question 4

Jurisdiction

Answer 4

the power to make legal decisions and judgments

power of a court to pronounce law and hear a certain type of case

Question 5

Civil vs Common Law Jurisdiction

Answer 5

Civil Law Jurisdiction: A legal system built around comprehensive codes. Examples include
France, Germany, and the state of Louisiana.

Common Law Jurisdiction: A legal system where law is made largely by court decisions rather than legal codes. Examples include the U.S. and other former British colonies.

Question 6

Tribal law

Answer 6

Law created by a tribal government that applies to tribal members and
territories. There are over 500 tribal governments recognized in the U.S.

Question 7

Domestic law

Answer 7

The law that is made by U.S. sovereigns and governs activities on U.S. soil. In
some cases, it may also govern U.S. citizens or others within the jurisdictional power of the U.S. even though they may not be physically present in the U.S.

Question 8

International law

Answer 8

The set of rules that countries follow in dealing with each other. This
includes the relationship between sovereign states and international entities, such as the International Criminal Court, as well as supranational law, such as the law of the European Union that governs its members.

Question 9

Constitutional law

Answer 9

The body of law that derives from the U.S. Constitution. It defines the role of the branches of federal government, divides authority between the federal
government and the states, and enumerates the basic rights of citizens. States also have constitutional law based on their state constitutions, but when we speak of it we typically
specify “state constitutional law.”

Question 10

statute

Answer 10

law passed by the legislative branch

Question 11

bicameralism

Answer 11

Refers to the practice of having two “chambers” or “houses” of the legislative branch, each of which must pass a bill before it becomes law. A federal statute must be passed by both the House of Representatives and the Senate before it becomes law

Question 12

presentment

Answer 12

Refers to the practice of presenting a federal statute passed by both the
House and Senate to the President for signature before it becomes law.

Question 13

Regulation

Answer 13

A rule issued by a government agency that has the force of law. Sometimes the
word “regulation” or “regulate” is also used more informally by lawyers to refer to
governance. For example, “how should we regulate autonomous vehicles?”

Question 14

sovereign

Answer 14

A person or institution habitually obeyed in a well-defined territory, but who or
which does not habitually obey any other person or institution.

Question 15

legal positivism

Answer 15

The idea that a rule is a law if, and only if, the rule is the command of the sovereign to its subjects and if the failure to follow that rule is backed up by the threat of
punishment. Associated with John Austin and Jeremy Bentham.

Question 16

the rule of recognition

Answer 16

A social rule that specifies what counts as a law and what does
not. Associated with HLA Hart. Hart used the Rule of Recognition to replace the idea of the “sovereign” in his formulation of legal positivism.

Question 17

natural law

Answer 17

An opposing picture to legal positivism of the nature of law. This view is committed to the idea that law has a moral core, that moral facts determine legal content

Question 18

liability

Answer 18

Legal responsibility. Someone is liable for a harm suffered by a party when he or
she is legally and financially responsible for that harm

Question 19

federalism

Answer 19

: A form of government, such as in the U.S., in which power is divided between a
central (federal) government and regional (state) governments.

Question 20

invalid

Answer 20

Not legally binding. In the context of this module, a law could be said to be invalid if
it violates the Constitution.

Question 21

Constitutional amendment

Answer 21

A change to the Constitution proposed either by the Congress,
with a two-thirds majority vote in both the House of Representatives and the Senate, or by a
constitutional convention called for by two-thirds of the state legislatures.

Question 22

duty to retreat

Answer 22

Also known as a “retreat rule.” A requirement of the criminal law of some
states that you may not claim self-defense if you could have safely retreated, but did not, before using deadly force against an attacker.

Question 23

Article III

Answer 23

The section of the U.S. Constitution that establishes and empowers the judicial
branch of the federal government.

Question 24

District Court

Answer 24

In the federal system, the general trial court (sometimes referred to as a “court of first instance”).

Question 25

Plea Bargain

Answer 25

An agreement in a criminal case between a prosecutor and defendant in
which the defendant pleads guilty in exchange for a limited charge or a reduced sentence.

Question 26

Allegation

Answer 26

A statement that something is true that has not yet been proven. Often it refers
to a factual assertion that a party claims can be proven at trial

Question 27

Standard of Review

Answer 27

The amount of deference given by an appellate court in reviewing the
decision of a lower court. The standard of review that a court applies depends on the context of the case, the nature of the factual or legal issue being appealed, and the judicial
body that made the decision

Question 28

Legal issue

Answer 28

A question relating to the law by which a case is to be decided, as opposed to
“factual issues.

Question 29

Appeal

Answer 29

The review in one court of the proceedings and decisions of another, either as to law or fact, or both.

Question 30

appellate

Answer 30

An adjective meaning relating to courts of appeal.

Question 31

en banc

Answer 31

A French expression, which translates to “on the bench.” In the federal system, en
banc refers to an appeal in which all the qualified judges hear and decide the case instead of just a subset of the judges (as is typical in appeals).

Question 32

US Supreme Court

Answer 32

The highest federal court. The Supreme Court has final appellate
jurisdiction over all federal court decisions and also hears state court cases that turn on issues of federal law.

Question 33

Certiorari

Answer 33

The Supreme Court’s discretionary review of an action by a lower court or agency. To request that the Supreme Court hear an appeal, a party must file a petition (pleading) for certiorari. If the Court decides to hear the appeal, it will issue a writ of
certiorari, which orders the lower court to provide its files and records for review. Often
called “cert.” for short.

Question 34

precedent

Answer 34

A decision made in an earlier case that resolves (or at least has bearing on) a legal question in a new case. It may serve as a reason to resolve similar legal questions in the same way. Alternatively, a court or an advocate may try to “distinguish” the precedent and explain why it does not apply.

Question 35

appeal as of right

Answer 35

When an appellate court is required to hear an appeal, as opposed to a “discretionary appeal,” which is when an appellate court can decide whether or not to hear an appeal.

Question 36

Family court

Answer 36

A court with jurisdiction over affairs of children (e.g., adoption, custody,
maintenance, neglect, abuse, and abandonment) and families (e.g., divorce, alimony).

Question 37

probate court

Answer 37

A court with jurisdiction over matters relating to guardianships, wills, trusts, and estates.

Question 38

juvenile court

Answer 38

A court with jurisdiction over criminal cases involving minors.

Question 39

municipal court

Answer 39

A court organized within a city, village, or township, with jurisdiction over
offenses under local ordinances and certain petty offenses

Question 40

Primary

Answer 40

A selective mechanism by which members of a political party express their preference in the selection of the party’s candidates for public office. For example, both the Democratic and Republican parties have primaries for President.

Question 41

Retention election

Answer 41

A periodic process held at the same time as a general election, in which voters decide whether a state judge will remain in office.

Question 42

merit selection

Answer 42

A process in which a non-partisan judicial nominating committee generates a list of potential judges from which the appointing authority (usually the governor of the state) selects whom to appoint.