US LEGAL SYSTEM Flashcards
what is unique about the US constitution?
1) It’s a written constitution
2) It is the worlds shortest constitution
3) Its also extremely difficult to change
4) Is the oldest continuously operating constitution in the world
Separation of powers in the federal government:
1.Horizontal separation of powers. executive, legislative and judicial
2.Vertical dimension. federalism. Power is shared between the national government and individual states.
The Bill of Rights
the first 10 Amendments to the Constitution enacted in 1791. It guarantees civil
rights and liberties to the individual.
Key Amendments
1st Amendment: Freedom of speech, religion, press, assembly, and petition.
2nd Amendment: Right to bear arms.
5th Amendment: Protects against double jeopardy and self-incrimination, guarantees due process, and just compensation for property.
6th Amendment: Right to a fair and speedy trial by an impartial jury.
Miranda Warning: Derived from the 5th Amendment, requiring suspects to be informed of their rights (right to remain silent, right to an attorney).
THE US SYSTEM OF GOVERNMENT
Three powers
Legislative: makes laws.
a) house of representative (435) - 2 years
b) senate (100) - 6 years
Executive: enforces laws.
a) president of the US - 4 years
Judicial: interprets laws.
a) Supreme Court of the US
US Court System
Supreme Court: The highest court, with 9 justices, decides cases of constitutional and federal importance.
Courts of Appeals: 13 appellate courts that review lower court decisions. 12 for each circuit and one more for the Federal Circuit.
District Courts: 94 district courts are organized into 12 circuits, or regions.
positions of the laws in usa
- constitution
- federal laws
- international treaties
JURISDICTION
1: the power, right, or authority to interpret and apply the law a matter that falls within the court’s jurisdiction
2: a: the authority of a sovereign power to govern or legislate
b: the power or right to exercise authority
3: the limits or territory within which authority may be exercised
Federal Court System:
The federal court system is defined by the
Constitution of the United States and later established by the Congress.
Handle cases involving federal law, disputes between states, or constitutional issues.
Federal Court System (limited jurisdiction):
A) Antitrust
B) Bankruptcy
C) Cases where the US is a party
*limited jurisdiction: restricted to only those matters of law given to it.
State Court System:
The state court system is defined by the Constitution and laws of each state.
Handle cases involving state laws, family disputes, contracts, and most criminal cases.
State Court System (broad jurisdiction):
A) Robbery or murder
B) Family disputes
C) Contract disputes
D) Traffic violations (most)
*broad jurisdiction: they have Power over matters not given to federation.
Supreme Court System:
the Supreme Court has the power to review state and federal legislation to determine if the laws are constitutional.
Concurrent Jurisdiction:
Some cases can be heard in both state and federal courts, allowing parties to choose the best forum.
Forum Shopping:
When multiple courts have concurrent jurisdiction over a plaintiff’s claims, the plaintiff may forum shop or choose the court that will treat his or her claims most favorably.
Decision
A decision is a determination of party’s rights and obligations reached by court based-on facts and law.
THE JURY
A jury is a group of people empowered to make findings of fact. Is composed by a
body of one´s peers.
only decides if the person is guilty or not guilty
The jury is only on the lower instances in federal and state level.
the judge decides the rules of law
the verdict has to be taken unanimously by the 12 or 6 jury members
