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Govt. 2304 -- Exam 2
Chapter 15, 25, 3 and 4
| Question | Answer |
|---|---|
| U.S. Judicial System | Consists of 2 parts: Federal Courts and State Courts |
| 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. |
| Participant of the U.S. Judicial System | Litigants and Groups. |
| Litigants | plaintiff (somebody who files suit) + defendant (person being sued). |
| "Standing to Sue" rule | serious interest in a case, facing direct or imminent dangers/injuries from another party/government action. |
| Justiciable Dispute | one that can be handled by the court. |
| Groups | interest groups funding law suits for policy change. |
| Attorneys | independent actors of the judicial system..fastest growing profession..no longer serve the rich only. |
| Citizens | participants as jurors, witnesses, etc. |
| 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. |
| Stare Decisis Doctrine | "stand on decided cases" ... obliges judges to follow the precedent set by own courts or higher courts. |
| Sources of Law | Constitutions (national and state). Federal and State Constitutions. |
| Federal Constitution | stands ABOVE all laws! |
| State Constitution | stands ABOVE all laws in that state! |
| Federal Statutes | criminal codes, commercial laws, Clean Water Act, etc. |
| ordinances | statutes passed by city, county, and other local political bodies..rules on zoning, public safety regulations. |
| Administrative Rules and Regulations | industrial regulations; farming (livestock) regulations; executive orders (issued by the President). |
| Case Laws | decisions & judicial interpretation made by the court (precedent) also form an important body of law. |
| 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). |
| Tort | a civil wrong in which a victim seeks monetary compensation. |
| 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). |
| 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). |
| Parties to a Civil Law Case | individual vs. Individual (divorce)...individual vs. business (suing Wendy's, etc.)...Individual vs. Government |
| Civil Law: Penalties | FINE ($ collected by govt.) ... MONETARY COMPENSATIONS ($ collected by case winner). |
| Criminal Law | laws governing acts deemed illegal and punishable by government. |
| Parties to Criminal Cases | GOVERNMENT vs INDIVIDUALS accused of law violation. |
| Criminal Law: Penalties | jail terms, capital punishment, fines. |
| Procedural Law | laws concerning the legal process that define proper courses of action by government/private parties. |
| 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. |
| Federal Court System | CONSTITUTIONAL and LEGISLATIVE courts |
| Constitutional Courts | FEDERAL DISTRICT COURTS (lower)..FEDERAL CIRCUIT COURTS OF APPEALS (middle)..SUPREME COURT (highest). |
| Legislative Courts | U.S. Territorial Courts; U.S. Court of Veteran's Appeal (courts created by Congress based on Article 1 of Constitution.) |
| Judge Appointment & Office Term (both) | judges appointed by president and confirmed by senate; constitutional=serve lifetime...legislative=15 yr. terms |
| 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. |
| Cases for Federal District Courts | Federal Government is a party; Case presents a federal question based on CONSTITUTION, INTERNATIONAL TREATY, or FEDERAL STATUTE. |
| 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. |
| Federal District Courts (trial) | busiest of the 3 levels of federal statutes. |
| Judge Appointment & Office Term (Federal District Courts) | recommendation by senator/representative from the president's party; nomination by president, confirmation by senate; serve lifetime. |
| 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. |
| 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. |
| Judge Appointment & Office Term (Federal Appeals Court) | recommendation by senator/representative from the president's party; nomination by president, confirmation by senate; serve lifetime. |
| 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. |
| U.S. Supreme Court accepts... | only cases from FEDERAL APPEALS COURT or STATE SUPREME COURT. |
| Justice Appointment & Office Term (Supreme Court) | highly political; nomination by president and confirmation by senate; serve lifelong terms. |
| Supreme Court Jurisdiction | congress decides court jurisdiction, size & power. |
| Which cases go directly to the Supreme Court? | U.S. vs. STATE ... cases between 2 or more states; disputes over land/water. |
| 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. |
| Appellate Jurisdiction | authority to review lower court decisions if it involves a substantial issue. |
| Judicial Review | authority to review lower court decisions (Federal Circuits or Federal State Supreme Court), state legislature decisions, and/or acts of congress. |
Created by:
kserrano005
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