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Political Science 100 > Judicial > Flashcards

Judicial Flashcards

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1
Q

What is Common Law System?

A
  • Developed in England

- A system of Law judges made laws in absence of written law, those decisions served as precedent

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2
Q

What is precedent?

A
  • A legal decision or case that serves:
  • -> As a guide or pattern for future similar cases.
  • -> Authoritative rule or pattern in future cases
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3
Q

What are 3 characteristics of the U.S. legal system?

A
  1. Adversarial Legal System
    - -> 2 adversaries making a cases and 1 prevails
  2. Relatively short legal codes
  3. Stare Decisis
    - ->Is a doctrine for
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4
Q

What is Stare Decisis?

A
  • Legal reasoning developed by judges to make legal decisions with out clear laws
  • Law Def. is courts will adhere to decided cases
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5
Q

What is the purpose of Stare Decisis?

A

-To create certainty, predictability, and stability in the legal system

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6
Q

What are 3 options of a Supreme Court Judge when faced with a case?

A
  1. Precedent
  2. Over turn Precedent
  3. Selectively applying Precedent
    - –>Decide a case that supports the judges philosophy
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7
Q

What is Court Opinion?

A
  • Document listing reasons why the judges decided the case they way they did.
  • Lists constitutional issues, and Stare Decisis
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8
Q

What are Civil Liberties?

A

-Individual rights that all citizen and residents have that protect them form the power of the government

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9
Q

How are Civil Liberties and Civil Rights different?

A

-Civil Rights is a groups treated equally under the law and civil liberities is directed toward the individual

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10
Q

Where are the Civil Liberties of the people written?

A

-Bill of Rights

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11
Q

What amendments in the Bill of Rights compromise civil liberties?

A

-1st, 4th, 5th, 6th, 8th, & 14th

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12
Q

What do each civil liberties amendment establish ?

A
  • 1st: Creation of separation of church and state & freedoms of speech, religion, assembly, and press
  • 4th: Prohibits unreasonable searches and seizures
  • 5th: Due process of law before the government can take away life, liberty, and property
  • 6th: Right of a speedy trail by peers
  • 8th: Right to be free of unusual punishments and excessive bails
  • 14th: Repeats the due process of law rights
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13
Q

What are Expos Facto’s Laws?

A

-Prevents the government from having retro-active laws or laws that are written after the fact

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14
Q

What is Habeus Corpus?

A

-Government cannot unlawfully detain a citizen

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15
Q

What is the purpose of Expo’s Facto’s Law?

A
  • Is for government not to have power to create laws to target individuals
    i. e. a revolution
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16
Q

What is the purpose of Habeus Corpus Law?

A

-So citizens know what laws they are accused of having been broken in order for the person to defend themselves

17
Q

What is due process?

A

-Is the government legal steps have to take before having an individuals rights of “life, liberty, and property “ deprived

18
Q

What are the purposes of the 5th and 6th amendment?

A
  • To prevent Expos Facto law

- Habeaus laws required

19
Q

Why are not all the Bill of Rights in the Civil Liberties?

A
  • Some of the amendments are not relevant in todays society

- For example the 2nd Amendment with “Right to Bear Arms” since there is police force and not living an agrarian society

20
Q

What is the establishment clause?

A

-Part of the 1st amendment that prevents government from having religion

21
Q

What is eminent domain?

A

-Govt. doc. that allows govt. to seize public or private property for use.

22
Q

What is common law?

A

-Inherited law form Eng. that has judges make decisions from past cases

23
Q

What amendments prevent property from being seized?

A
  • 4th :Consent from a judge

- 5ht: Before govt. can take land must go through legal steps

24
Q

What are a few issues of with civil liberities?

A
  • 6th with CA does not have a speedy trial
  • The courts get to define what constitutes a speedy trial, cruel and unusual punishment
  • 8th amendment changes over time
25
Q

What is Furman vs. Georgia?

A

-All executions are cruel and unusual punishment and prevent all executions

26
Q

What is Gregg vs. George?

A

-If a murder was grizzly states have the right execution

27
Q

What is the case McCleskey vs Kemp?

A

-Execution violated grounds of equal protection, hispanics and blacks are subjected to death penalty more

Political Science 100 (33 decks)

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