Midterm Flashcards
Administrative Law
Outlines the rights and obligations of government
District Courts
- Trial Courts
- every state has atleast one district court
Attorney
Someone hired to represent the legal interests of another
Criminal Law
Determines illegal actions and the punishments for completing these actions
2nd approach to jurisdiction
1) subject matter
2) diversity of citizenship
3) identity of parties
Advisarial System
Lawyers are committed to their clients and the parties involved present their own cases
Types of Attorneys
1) Private practice
2) Large firms
3) In house lawyers
4) Government
Burden of proof
Criminal: beyond a reasonable doubt
Civil: purponderence of the evidence
Civil law (2)
Governs relations between individuals
1st approach to jurisdiction
1) vindicating the role of the federal government
2) exclusive control of foreign relations
3) umpiring interstate disputes
4) protecting out of state citizens from bias
Common law
Judge made law to create uniformity by obeying precident
Right to Council
Guaranteed by 6th admen dement
Federal Courts
Established under article 3 and the judiciary act of 1789
Public law
One party is the government
Criminal or tax law
Delegates
Attorneys that work for the interest of their client
Methods of judge selection
1) merit selection
2) appointment
3) election by legislatures
4) non-partisan elections
5) partisan elections
Trustees
Attorneys that work for the public good
Civil Law (1)
Official set of laws to govern and brings more power to the legislature (Justinian’s code and the Napolianic Code)
Constitutional Law
Outlines the rights of the people and the structure of government
Inquisitorial System
Lawyers are committed to justice and the judge asks questions to uncover the truth
Procedural Law
Outlines the procedure/ process of law
Substantive Law
Defines the law
Private Law
Between individuals
Family or contract Law
State of nature
Society without laws
Sources of law
1) Government
2) religion
3) societal norms
4) judicial decisions
5) founding members
Case Law
Looking at past decisions to see how it can be applied to current issues
Inductive
Takes specific cases to come up with broad general principle (common law)
Deductive
General principle established to solve specific cases (civil law)
Hierarchy of law
1) constitution
2) statutes
3) executive orders
What are courts responsible for?
1) dispute resolution
2) behavioral modification
3) allocation of gains and losses
4) policy making
Three tiers of federal court
1) supreme court
2) court of appeals
3) district courts
Dual Court System
State and Federal courts
Based on federalist system
Jurisdiction
Range of cases a court is empowered to hear
Appellate Courts
- Circuit Courts
- 11 court jurisdictions
- each jurisdiction crosses states and has multiple courts
Supreme Court
Hears the appeals of the appellate court and the states highest court
-file RIT of associarity
