Chapter 15, 25, 3 and 4
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U.S. Judicial System | Consists of 2 parts: Federal Courts and State Courts
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U.S. Federal Courts | an independent and passive branch of the U.S. government. Decisions independent of other 2 branches. Court rules over disputes b/w executive/legislative branches. court rulings have the force of law and are enforce by the executive branch.
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Participant of the U.S. Judicial System | Litigants and Groups.
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Litigants | plaintiff (somebody who files suit) + defendant (person being sued).
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"Standing to Sue" rule | serious interest in a case, facing direct or imminent dangers/injuries from another party/government action.
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Justiciable Dispute | one that can be handled by the court.
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Groups | interest groups funding law suits for policy change.
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Attorneys | independent actors of the judicial system..fastest growing profession..no longer serve the rich only.
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Citizens | participants as jurors, witnesses, etc.
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Common Law Tradition | the body of judge-made law used to decide on a case w/ similar situations; prior decisions reached by a judge, precedent, used in future cases.
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Stare Decisis Doctrine | "stand on decided cases" ... obliges judges to follow the precedent set by own courts or higher courts.
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Sources of Law | Constitutions (national and state). Federal and State Constitutions.
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Federal Constitution | stands ABOVE all laws!
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State Constitution | stands ABOVE all laws in that state!
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Federal Statutes | criminal codes, commercial laws, Clean Water Act, etc.
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ordinances | statutes passed by city, county, and other local political bodies..rules on zoning, public safety regulations.
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Administrative Rules and Regulations | industrial regulations; farming (livestock) regulations; executive orders (issued by the President).
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Case Laws | decisions & judicial interpretation made by the court (precedent) also form an important body of law.
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Categories of Laws: Civil Law | laws governing relations b/w private parties where no criminal act is alleged, parties are making conflicting claims, parties are seeking to establish a legal relationship (ex: marriage, divorce).
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Tort | a civil wrong in which a victim seeks monetary compensation.
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Examples of Tort | PERSONAL INJURY (auto accident, slip/fall, dog bite). MEDICAL MALPRACTICE (plastic surgery infection, unnecessary hip replacement, extraction of wrong teeth, amputation of wrong legs). PRODUCT LIABILITY (air bag failure, toys hurting children).
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Examples of Tort | WRONGFUL DEATH (toddler killed by 8 yr. old finding his dad's gun). DEFAMATION (PETA vs. Rosie O'Donnell) WRONGS INVOLVING REAL ESTATE (nuisance against nearby landowner). WRONGS AGAINST BUSINESSES (unfair competition, trademark infringement).
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Parties to a Civil Law Case | individual vs. Individual (divorce)...individual vs. business (suing Wendy's, etc.)...Individual vs. Government
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Civil Law: Penalties | FINE ($ collected by govt.) ... MONETARY COMPENSATIONS ($ collected by case winner).
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Criminal Law | laws governing acts deemed illegal and punishable by government.
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Parties to Criminal Cases | GOVERNMENT vs INDIVIDUALS accused of law violation.
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Criminal Law: Penalties | jail terms, capital punishment, fines.
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Procedural Law | laws concerning the legal process that define proper courses of action by government/private parties.
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Examples of Procedural Law | police failure to inform detainee of Miranda rights; police failure to have warrant when collecting evidence; detainees denied attorney during interrogation; endless cross-examination of a hostile witness.
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Federal Court System | CONSTITUTIONAL and LEGISLATIVE courts
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Constitutional Courts | FEDERAL DISTRICT COURTS (lower)..FEDERAL CIRCUIT COURTS OF APPEALS (middle)..SUPREME COURT (highest).
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Legislative Courts | U.S. Territorial Courts; U.S. Court of Veteran's Appeal (courts created by Congress based on Article 1 of Constitution.)
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Judge Appointment & Office Term (both) | judges appointed by president and confirmed by senate; constitutional=serve lifetime...legislative=15 yr. terms
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Federal Districts Courts | created by Judicial Act (1789); 94 district courts (2001); 653 judges; each state has at least 1; TX, CA, NY have 4 each.
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Cases for Federal District Courts | Federal Government is a party; Case presents a federal question based on CONSTITUTION, INTERNATIONAL TREATY, or FEDERAL STATUTE.
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Cases for Federal District Courts | civil suite involving citizens from different states, and amount of money more than $75,000; juries used are used and presided by single judge.
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Federal District Courts (trial) | busiest of the 3 levels of federal statutes.
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Judge Appointment & Office Term (Federal District Courts) | recommendation by senator/representative from the president's party; nomination by president, confirmation by senate; serve lifetime.
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Federal Appeals Court | 13 courts in U.S., second level of federal court system; no new evidence is introduced, and all facts found by district courts are presumed to be correct.
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Federal Appeals Court | decisions based on a review of lower court records; no juries; 3 judges as a panel hear an appeal case; less than 1% of cases reviewed by the appeals court are appealed to the Supreme Court.
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Judge Appointment & Office Term (Federal Appeals Court) | recommendation by senator/representative from the president's party; nomination by president, confirmation by senate; serve lifetime.
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U.S. Supreme Court | only court mentioned in the Constitution; 9 justices; voting power for chief justice is the same as associate justices; original jurisdiction over cases appealed from lower federal/state courts.
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U.S. Supreme Court accepts... | only cases from FEDERAL APPEALS COURT or STATE SUPREME COURT.
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Justice Appointment & Office Term (Supreme Court) | highly political; nomination by president and confirmation by senate; serve lifelong terms.
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Supreme Court Jurisdiction | congress decides court jurisdiction, size & power.
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Which cases go directly to the Supreme Court? | U.S. vs. STATE ... cases between 2 or more states; disputes over land/water.
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How does the Supreme Court handle cases? | appoint a "special master" (from retired federal judges); "special master" hears the case; "special master" writes a report & presents the arguments.
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Appellate Jurisdiction | authority to review lower court decisions if it involves a substantial issue.
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Judicial Review | authority to review lower court decisions (Federal Circuits or Federal State Supreme Court), state legislature decisions, and/or acts of congress.
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