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US Legal System > Set One > Flashcards

Set One Flashcards

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1
Q

Stare Decisis

A

The doctrine of precedent

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2
Q

Complaint v. Petition

A

Traditional law action v. Traditional equity action

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3
Q

Equity jurisprudence

A

Fairness principles instead of technical rules

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4
Q

Judiciary Act, Section 34

A

“Rules of Decision Act” - fed courts apply state laws when judging lawsuits between citizens of different states (where it does not violate federal law)

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5
Q

Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938)

A

Case that establishes Judiciary Act

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6
Q

Who drafted the Bill of Rights?

A

James Madison

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7
Q

Which Founding Father wanted stronger national government?

A

Federalist Thomas Jefferson

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8
Q

Which Founding Father advocated for a weaker national government?

A

Anti-Federalist George Mason

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9
Q

Which amendment made the Bill of Rights applicable to the states?

A

14th Amendment - Due Process Clause

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10
Q

1st Amendment

A

Freedom of Speech

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11
Q

2nd Amendment

A

Right to bear arms

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12
Q

3rd Amendment

A

Protection against housing soldiers in civilian homes

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13
Q

4th Amendment

A

Protection against unreasonable search and seizure

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14
Q

5th Amendment

A

Protection against trial w/o indictment

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15
Q

6th Amendment

A

Right to a speedy trial

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16
Q

7th Amendment

A

Right to trial by jury

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17
Q

8th Amendment

A

Protection against excessive bail

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18
Q

9th Amendment

A

Rights granted by Constitution shall not infringe on other rights

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19
Q

10th Amendment

A

Powers not granted by Fed belong to the states and people

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20
Q

Supremacy Clause

A

Article IV, Paragraph 2 -

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21
Q

Where are the Enumerated Powers?

A

Article 1, Section 1 sets forth enumerated Powers specifically delegated to the Federal gvt

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22
Q

What are the Enumerated Powers? (12)

A
  1. Borrow money
  2. Declare war
  3. Taxes
  4. Bankruptcy
  5. Patents
  6. Print money
  7. Establish lower courts
  8. Exercise legislative powers over seat of power (DC)
  9. Regulate interstate commerce
  10. Regulate trade between foreign countries
  11. Establish post offices
  12. Raise army and navy
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23
Q

How many amendments have been adopted?

A

27

24
Q

Initiating a Constitutional Amendment

A

Article VI
2 methods
1. Congressional resolution - 2/3 majorities of both houses of Congress and no role for the President
2. State Legislature/Convention - 2/3 of state legislatures can convene a convention of the states to propose an amendment

25
Q

Ratifying a Constitutional Amendment

A

Congress determines which 2 methods
1. Legislatures of 3/4 of states
2. 3/4 of state ratifying conventions (only used once, 21st amendment)

26
Q

Montesquieu

A

Social and political philosopher
Theory of separation of powers

27
Q

Legislative Branch Article?

A

Article 1

28
Q

Chambers of Congress

A

House of Representatives and the Senate

29
Q

Legislature Primary Powers (6)

A

Enact laws
Raise appropriate funds
Declare war
Impeach officials from executive/judicial branches
Provide consent on presidential appointments (Senate)
Ratifying treaties (Senate)

30
Q

17th Amendment

A

Changed the method of selection of senators from states to direct election by the people in each state

31
Q

Alottment of Congress representatives

A

Article 1
Each state, 2 senators
House of Representatives is determined by state population

32
Q

Legislature terms

A

Senators - 6 year terms
House of Reps - 2 year terms
No term limits

33
Q

Currently in Congress (number of reps)

A

100 senators
435 House of Representatives

34
Q

Who introduces a bill to Congress?

A

Bills must first be introduced into the House or the Senate by a member

35
Q

The Origination Clause

A

Article 1, Section 7, Clause 1
All revenue must originate through the House
Senate may propose or concur w/amendments
Then assigned to committee for review/consideration

36
Q

How does a bill get passed?

A

After committee review/consideration, both chambers must pass the same version of the bill by majority

37
Q

President’s role with Bills

A

President can sign or veto. If vetoed, it returns to Congress

38
Q

To Override a Veto

A

2/3 majority in both chambers is required to override a veto

39
Q

Executive Branch

A

Article II of the Constitution

40
Q

Executive Branch: Which powers?

A
  1. Enforce laws of the nation
  2. Commander and chief of the armed forces and head of state
41
Q

President can: (5)

A
  1. Sign or veto legislation
  2. Issue executive orders
  3. Issue presidential memorandums
  4. Issue proclamations
  5. Nominate judges to federal courts, subject to the consent of the Senate
42
Q

Which branch carries out nation’s foreign policy and diplomacy?

A

Executive Branch

43
Q

How is the President elected

A

The Electoral College process

44
Q

How many terms can the President serve?

A

2 terms plus two or less years if a person serves part of the last president’s term (22nd amendment)

45
Q

Judicial Branch

A

Article III

46
Q

How is judicial power vested?

A

“Judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.”

47
Q

Judiciary Act of 1789

A

Established the federal court system separate from individual state courts

48
Q

How are federal courts set up?

A

Tri-level courts in each federal district
District Court — Circuit Court — Supreme Court

49
Q

Significance of Marbury v. Madison (1803)

A

Establishes judicial review, i.e. the power to declare a law unconstitutional

50
Q

How many Supreme Court justices?

A

9 justices

51
Q

How many Circuit Courts? How many District Courts?

A

13 Circuit Courts
94 District Court

52
Q

What is Article VI?

A

Relationships Between the States

53
Q

“Full faith and credit” location and details

A

Article IV, Section 1
Requires all states to give full faith and credit to public acts and judicial proceedings of other states

54
Q

“Privileges and immunities” location and details

A

Article IV, Section 2
Provides citizens of each state entitlement to all privileges and immunities of citizens of other states

55
Q

Interplay between Federal and State rests on the establishment of 3 type of powers

A
  1. Exclusive federal powers
  2. Exclusive state powers
  3. Concurrent powers
56
Q

Montesquieu’s Spirit of the Laws” said what?

A

Political power should not be concentrated but divided
3 branches separate and independent promotes liberty

US Legal System (1 decks)

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