Judicial Flashcards
Statutory Law:
Laws that are passed by legislative bodies
What are the 4 sources of Law?
Statuory, Common, Administrative, Constitutional Law
What type of law usually represents majority rule?
Statutory
Common Law:
Comes from judges’ deciscions that rely on common sense and previous cases
Precedent:
Earlier deciscion
Administrative Law:
Created by gov’t agencies
Constitutional Law:
Based on constitution
Appeal:
Process by which the person asks a higher court to review the result of the trial
Name the 3 levels of court
US District Court
US Court of Appeals
US Supreme Court
District Court:
Point of origin of crimes, where jury trials are held
Court of Appeals:
Have appelate jurisdiction, can review deciscions made by lower courts
What are the 3 areas of jurisdiction for the Supreme Court?
Diplomatic Relations
State vs. State
State vs. Federal Gov’t
Judicial Review:
Means courts can decide whether a law or presidential action is in agreement with the Constitution
Result of Marbury vs. Madison
1803 Judicial Review
Result of Plessey vs. Ferguson
1892 Seperate but Equal
Result of Brown vs. Board of Ed.
1954 reverses seperate but equal
Result of Miranda vs. Arizona
1966 Miranda Rights must be stated when one is arrested