PolS404 Midterm Exam Study Guide Flashcards
What is Civil Law?
A legal system based on written codes and statutes, where judicial decisions are based on these codes rather than precedent.
Contrast with common law.
What is Common Law?
A legal system based on judicial precedents and case law, where courts interpret statutes and prior rulings to make decisions.
What does Public Law deal with?
It deals with the relationship between individuals and the state.
Examples include constitutional law, administrative law, and criminal law.
What is Private Law?
It governs relationships between individuals or private entities.
Examples include contract law, property law, and tort law.
What is Declaratory Theory?
The idea that judges do not make law but merely declare what the law has always been.
What is Natural Law?
A philosophical perspective that law is based on universal moral principles inherent in human nature.
What is Legal Positivism?
The view that law is based on statutes and constitutions created by human authority and is separate from morality.
What is Legal Realism?
A perspective that emphasizes the practical effects of judicial decisions and the role of judges’ personal beliefs in shaping the law.
What was Calder v. Bull (1798)?
A landmark U.S. Supreme Court case that addressed the limits of legislative power, and decided the ex post facto clause of the United States Constitution applies to criminal laws, the Supreme Court lacked the authority to nullify state laws that violate that state’s constitution:
What is Brutus XI?
An Anti-Federalist essay arguing against the proposed U.S. Constitution, particularly criticizing the power of the judiciary.
What is Federalist 78?
An essay by Alexander Hamilton defending the independence of the judiciary and the concept of judicial review.
What was Marbury v. Madison (1803)?
The landmark Supreme Court case that established the principle of judicial review.
What is Judicial Review?
The power of courts to review and invalidate laws or government actions that conflict with the Constitution.
What does the relationship between American Political Culture and Judicial Power examine?
It examines how cultural values shape the role and power of the judiciary in the U.S.
What is Adversarial Legalism?
A legal culture characterized by heavy reliance on litigation and courts to resolve disputes, often seen in the U.S.
What does Article III of the Constitution establish?
It establishes the judicial branch of the federal government, including the Supreme Court and lower courts.
What is the Current Structure of the American Judiciary?
Includes the federal court system and state court systems, with state courts handling most judicial business.
What is Original Jurisdiction?
The Supreme Court’s authority to hear cases directly, as specified in Article III.
What is Appellate Jurisdiction?
The authority of a court to review and make decisions on appeals from lower courts. This means that appellate courts do not conduct new trials but instead evaluate whether the law was applied correctly in the original case.
What is Certiorari?
A writ issued by the Supreme Court to review a lower court’s decision.
What does ‘Certworthiness’ refer to?
Factors that make a case more likely to be granted certiorari by the Supreme Court, such as conflicting appellate court interpretations of federal law.
What influences Presidential Agendas in Judicial Nominations?
Presidents nominate judges based on personal connections, partisan loyalty, and policy goals.
What role does Ideology play in Judicial Nominations/Confirmations?
It often leads to partisan battles over judicial appointments.
