Test 1 Flashcards
who was roscoe pound
- born 1970
- published influential articles in the legal world
- founder of “sociological jurisprudence”
what is sociological jurisprudence
someones vision of the law and how it relates to society
what is legal realism
a practical approach to the law
- desirable to the people
- the goal is judges will uphold law they think good and strike down law that is “bad”
what is legal formalism
law that should be detached from society
- it should not take into account societal outcomes
- “like a robot”
what is the argument Roscoe Pound makes regarding legal formalism and legal realism
legal realism is better
- law in the books is different than the law in action
what are the 2 layers of federalism in the US
Fed and State
- Local is not counted in con law
what does a confederacy mean
states have more power than the federal government
what is the general trend of government power
the federal government gains power overtime
where do most cases go through
state courts
what is the structure of the federal courts
- supreme court
- circuit courts
- district trial courts
how many district courts are there and what type of jurisdiction do they have
- 94
- only original jurisdiction
how many circuit courts are there and what type of jurisdiction do they have
- 12 regional (dc has its own)
- Only appellate Jurisdiction
how are cases appealed to the supreme court
the certiorari process (4/9 have to agree)
what book inspired the US constitution
Montesquieu- spirit of the laws
what case deals with judicial review
Marbury v Madison
is the concurrence of an opinion legally binding
no
is what way is the US supreme court different from other “supreme courts” in other countries
It chooses what cases it wants to hear
what was the holding in Griswold v UCONN
a right to privacy is in the “penumbras of the bill of rights”
what is the term for taking the bill of rights and applying them to the states
selective incorporation (14th amendment)
what does due process mean
“what is due to you before it is taken”
where does due process come from
magna carta
what are the 2 forms of due process
- procedural due process
- substantive due process
what is procedural due process
the limits in place before taking life liberty property (given a hearing to contest allegation)
what are aspects of a pre-deprivation hearing
- given notice of accusations
- present evidence
- provide opportunity to respond
