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Federal Government anxiety > Untitled Deck > Flashcards

Untitled Deck Flashcards

1
Q

We need Law because…

A

-Provides security and predictability
-resolves conflict
-reflect and enforce conformity to country values
-Distribute resources and rewards society

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2
Q

Litigious

A

you can: sue to protect rights, for compensation—-expect total justice

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3
Q

Adversarial

A

-Determines guilt
-Instead of inquisitorial—someones guilty but like who dog???

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4
Q

Characteristics of the American legal tradition

A

-Based on common law tradition
-Adversarial
-Litigous

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5
Q

Substantive laws

A

laws whose content or substance defines what we can and cannot do

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5
Q

procedural law

A

establishes how laws are applied and enforced

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6
Q

Procedural due process

A

protect the right of individuals who must deal with the legal system

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7
Q

criminal law

A

prohibits behavior the government says is bad and a no no for society—for safety

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8
Q

civil laws

A

regulates the interactions between individuals—maintains peace

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9
Q

Constitutional laws

A

stated in the constitution/body of judicial decisions about the ~meaning!~ of the constitution throughout the years

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10
Q

statutory laws

A

state or fed legislature—established by legislature and signed by executive

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11
Q

administrate laws

A

bureaucracy—-involves disputes over the jurisdiction, procedures, or authority of administrative agencies

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12
Q

executive orders

A

from the president

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13
Q

Hamilton and Federalist No. 78

A

-Least dangerous branch
-court had power of neither the purse not the sword
-approved of judicial review because it would check the momentary passions of the people

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14
Q

William Marbury v. James Madison

A

established judicial review

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15
Q

Judicial review

A

authorizes the federal judiciary to review laws enacted by congress and the president and the invalidate those that violate the constitution

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16
Q

Judiciary Act of 1789

A

-Adopted in the first session of the US Congress

-Established the US Federal Judiciary

-Said Supreme Court Justices must be 6

-Created 13 judicial districts within the 11 states that had ratified the constitution

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17
Q

Supreme Court

A

is aboved the US Court of Appeals and US Court of Appeals for the Federal Circuit

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18
Q

US court of appeals

A

is above tax court and US District court

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19
Q

Court of Federal Claim

A

is below US Court of Appeals for the Federal Circuit

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20
Q

Supreme Court has

A

both original and appellate jurisdiction

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21
Q

Original jurisdiction

A

the power to hear a case for the first time—district courts

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22
Q

appellate jurisdiction

A

the power of the supreme court to review decisions and change outcomes of lower court decisions—–US court of appeals

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23
Q

Writ of Certiorari

A

Petition by the losing party in a lower court for the supreme court to hear

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24
Chief Justice in the majority
will assign this opinion to someone in the majority
25
Chief justice in the minority
then senior-most justice in the majority assigns the opinion
26
Supreme Court dudes
-nine justices (very political -appointed by the president, confirmed by senate -serve lifetime terms -can be impeached if doing shady shit
27
Rule of law
the state and its officials must be judged by the same laws as citizens---shape up buster brown, we setting an example here
27
plaintiff
*criminal cases*----the party the brings the charge---usually the government
28
defendant
the one against whom a complaint is brought in a criminal or civil case
29
contract case
*civil*-----a party charges that it has suffered because of other party's breech in contract/agreement
30
tort
*civil*----someone press charges for suffering an injury caused by another's negligence/bad conduct
31
Administrative Procedure Act
the legislation that governs agency rule making
32
federal and state statues
govern the conditions under which contracts are and are not legally binding
33
precedents
a prior case whose principles are used by judges as the basis for their decision in a present case----how did we handle the last fuck up???
34
both civil and criminal cases
raise questions of constitutional law
35
trial court
the first court to hear a criminal/civil case
36
court of appeals
a court that hears appeals of trial court decisions---do not add/examine additional evidence---only consider new facts under unusual cirmcumstances
37
appellant
party filing an appeal
38
plea bargains
negotiated agreements in criminal cases---defendant will plead guilt in return for states agreement to reduce severity of charge
39
jurisdiction
the sphere of a courts power and authority---mostly assigned on the basis of geography
40
due process of law
the right of every individual against arbitrary action by national or state governments
41
US currently has
94 federal district courts
42
habeas corpus
a court order to the authorities to show cause for a prisoner's incarceration
43
US is divided into
11 regional circuits, each has US Court of Appeals
44
DC Circuit
twelfth appellate court---considered most powerful of circuit courts
45
Supreme court is the only
federal court established by the constitution
46
US Court of Appeals for Federal Circuit
13th appellate court----has subject-matter jurisdiction rather than geographical;
47
Appeal Court decisions are
final----exception is Supreme Court review
48
lower federal courts were
created by Congress----can be restructured or abolished
49
chief justice
justice on the supreme court who presides over the courts public sessions---first to speak and vote when the justices deliberate
50
Limits on Judicial
-Judges must have a case brought to them before they can make authoritative decisions -courts offer relief/assistance only to individuals who won their cases, not the broad social classes -courts lack enforcement powers
51
Section 1983
permits fee shifting----encourages individuals and groups to bring their grievances to the courts rather than to Congress
52
Fee shifting
allows citizens who successfully sue a public official for violating their constitutional rights to collect their attorneys' fees and costs from the government
53
class action suit
when a party file a suit on behalf of everyone who shares that party's interest
54
Article 3 defines
judicial power as extending only to "cases and controversies"
54
Supreme court makes
a conscious effort to give acts of congress an interpretation that will make them constitutional
55
supremacy clause
article vi--constitution is the supreme law of the land
56
Judiciary Act of 1789
the supreme court has the power to reverse state constitutions and laws whenever they contradict the US constitution, federal laws, or treaties-----supreme court has appellate jurisdiction over every court case
57
mootness
criteria for Supreme courts----screen cases that no longer require resolution----suppose t disqualifies cases that are brought too late
57
standing
parties must show that they have a substantial stake in the outcome of the case
58
rule of four
a decision of at least four of the nine supreme court justices to review a decision of a lower court
59
solicitor general
the top government lawyer in all cases before the supreme court where the government is a party
60
Inquisitorial system
court plays an active role in finding the facts---different from USA's adversial

Federal Government anxiety (3 decks)

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