Terms & Definitions Flashcards
Major Powers of a Court of Law
Writ of Habeas Corpus Writ of Mandamus Injunction Contempt of Court Power Judicial Review
British Common Law
Based on traditions, customs and reason. It only takes a generation or two for traditions to dissolve because of lack of education. Technology is also a factor.
Federalist #78
• Judiciary would be least dangerous to constitution
It doesn’t hold sword or purse
• Legislature had purse and sets regulation on life
• Judicial Review is SCRT duty
Limits on Judicial Review:
• Arbitrary discretion must be avoided by strict rules & precedents
• Duty in particular cases
• Follow precedents
• Knowledge from long study
• Life tenure helps to filter
• Few men in society that can perform calling
Declaration of Independence - Main Purposes
- State independence
- State basic political ideals
- Justify rebellion
- Call for legitimacy at home & abroad
- Express American mind
- Used Natural Law & Nature’s God
Declaration of Independence - Key Positive Law Violations
o Judiciary dependent on King
o Standing armies while at peace
o Military independent of and superior of civil power
o Abolished charters and laws and established pretended govt.
o Quartering large bodies of troops
o Cut of trade with the world
o Imposed taxes without consent
• You are not free if you someone can tax you without your consent.
• Taxation is not a blank check. If the government has unlimited power to tax, there is no limited government or constitution.
• Federalist 45, external matters are to be handled by National government, internal matters are handled by local government.
o Deprived them of trial by jury
o Transported them to be tried for pretended offenses
o Claimed power to legislate “in all cases whatsoever”
o Foreign mercenaries “to complete the works of death.”
o Turned Indian savages on western colonists
o King ignored petitions
Declaration of Independence - Key Political Ideas
o Rule of law o Natural Rights o Equality of man o Compact Theory o Popular sovereignty o Representation – reject British idea of virtual representation o Right of revolution o Powers of government
Declaration of Independence - Sources
o Ancient Natural Law Authors o Enlightened Natural Rights Authors o CL & Rights of Englishmen o Religion – Great Creator o American writers, charters & compacts
Amicus Curiae Brief
Granting of Cert & Appeals, friends of the Court, interest in but not party, supporting affirmance or reversal.
Federal Court - How to get in?
Diversity
• A case between individuals of at least two different states (exceeding $75k)
Federal Question is Involved
Federal Court - Reasons for denial?
Case lacks adverseness (real controversy)
Parties lack standing (right to seek remedy for harm)
Issues are not ripe (injury not happened yet)
Issues are moot (facts no longer indicate injury)
It’s a political question
Modern Federal Judicial System
Supreme Court
• Original & Appellate Jurisdiction
11 Circuit Court of Appeals
• 1 Court of Appeals for DC
• 1 Court of Appeals for Federal Circuit
• They have Appellate Jurisdiction.
• They would rather take cases that have a Constitutional questions that need to be clarified.
• Have the final say nationally so as to provide resolution to the process.
94 District Courts
• Original Jurisdiction (Federal Trial Courts)
Writ of Assistance
court order ordering sheriffs, ect. to assist customs officers in searching for smugglers during the 18th century
-arbitrary search warrants, transferable, with immunity for damages
Per Curium Opinion
unsigned, brief decision given in the name of the court not individual judges (often not always unanimous and noncontroversial)
-advantageous to not reveal your opinion in order to save it for a later, more influential case
Stari Decisis
rules and precedence of the court
Limitations to Court Powers
Rules and Precedence Duty in particular cases Long and rigorous study to qualify -sufficient skill in the law -integrity with the requisite knowledge Duration in office -Incentive for the best of the best
