Intro to US Law: Sources, Rule of Law, Definitions
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Questions and Answers

Which of the following best describes stare decisis?

  • A principle where courts rely on precedents set by previous decisions when ruling on similar cases. (correct)
  • A formal document issued by the Supreme Court to a lower court to review the case.
  • A court decision that lacks precedential value.
  • The power of a court to hear a case for the first time.

What is the significance of Marbury v. Madison in the context of the U.S. legal system?

  • It clarified the powers of the executive branch in appointing judges.
  • It outlined the structure of state court systems.
  • It defined the jurisdiction of federal district courts.
  • It established the process of judicial review, allowing the Supreme Court to declare laws unconstitutional. (correct)

A case is deemed moot when:

  • The case involves a substantial federal question.
  • The court lacks the authority to hear the case.
  • The parties involved do not have standing to sue.
  • The issue has already been resolved or has otherwise ceased to exist. (correct)

Which of the following is an example of administrative law?

<p>Regulations issued by the Environmental Protection Agency (EPA). (A)</p> Signup and view all the answers

What does the concept of 'the rule of law' primarily imply?

<p>Laws are applied and enforced equally to all individuals, including government officials. (D)</p> Signup and view all the answers

Which of the following best illustrates policy making by courts, as opposed to norm enforcement?

<p>Establishing a new standard for search and seizure under the Fourth Amendment. (D)</p> Signup and view all the answers

Why are state courts seeing encouragement to engage in 'problem-solving' approaches?

<p>To address underlying issues contributing to criminal behavior and other social problems. (C)</p> Signup and view all the answers

What role do federal magistrates primarily play in the U.S. federal court system?

<p>They handle preliminary matters and minor cases, freeing up district judges for more complex trials. (D)</p> Signup and view all the answers

Flashcards

Statutes

Laws created by elected legislative bodies.

Constitutions

The fundamental principles and rules for governing a state or organization.

Case Law

Legal principles and rules that are developed by courts

Administrative Regulations

Regulations created by government agencies, under the authority of statutes.

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"Rule of Law"

The principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced.

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Stare Decisis

To stand by things decided; the legal principle of determining points in litigation according to precedent.

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Writ of Certiorari

An order by a higher court directing a lower court to send up the records in a given case for review.

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Justiciability

The power of a court to hear a case.

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Study Notes

  • Sources of law in the U.S. include statutes, constitutions, case law, and administrative regulations.
  • Need to understand what those terms mean

Purposes of Laws

  • General purposes and functions of laws in society

The Rule of Law

  • Meant by "the rule of law" and how the U.S. citizenry has embraced the concept

Definitions

  • Important to know the definitions of the following terms:
  • Stare decisis
  • per curiam
  • justiciability
  • En banc
  • writ of certiorari
  • moot
  • Public law
  • justice of the peace
  • standing
  • Private law
  • trial de novo
  • Administrative law
  • therapeutic jurisprudence
  • Federalism
  • federal magistrate

Federal Courts

  • How federal courts were created (constitution? Congress?)

Supreme Court Selection

  • The process the Supreme Court uses to select and decide cases from deciding to decide until the opinion is rendered

Supreme Court Authority

  • Types of cases the Supreme Court has the authority to decide

Marbury v. Madison

  • Why Marbury v. Madison is important

Federal Appeals Court

  • The federal court of appeals details, including types of cases and how it fits into the federal judicial system

Federal District Court

  • The federal district court details, including types of cases and how it fits into the federal judicial system

Court Roles

  • Roles of magistrates, law clerks, and court administrators

State Court Systems

  • How state court systems are structured

State Court of Last Resort

  • Details of a state court of last resort including what kind of discretion it generally has in choosing cases to decide

State Court Cases

  • Types of cases decided by state courts and what types are most frequently filed

State Courts

  • Common names for various state courts
  • Difference between policymaking versus norm enforcement

Caseloads

  • How caseloads compare within a state court, including busiest courts and why
  • How state court workloads compare to federal court workloads

State Courts

  • Why state courts are being encouraged to "solve problems" and how this compares to the traditional function of courts
  • Is it an effective use of the judicial system to raise revenue for local and state governments and potential dangers in this approach

Jury Trials

  • If the number of jury trials in federal courts over the past twenty-five years increased or decreased

Federal Judges

  • Systemic or personal limitations for federal judges in deciding cases

Judge Hornby

  • What stakeholders want from the federal judicial system, according to Judge Hornby

State Courts

  • Main points from both readings on state courts (Missouri and Michigan articles)

Court Functions

  • The policymaking function of each type of court

Judicial Self-Restraint

  • To define and describe the most important principles

Advisory Opinion

  • What is meant by an advisory opinion and the U.S. Supreme Courts position on it
  • The difference between a legal and factual question

Administrative Remedies

  • What exhausting administrative remedies means

Supreme Court Precedent

  • Does the U.S. Supreme Court have to follow precedent

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Related Documents

PSCI 308 Test 1 Study Guide PDF

Description

Explore the sources of law in the U.S., including statutes, constitutions, case law, and administrative regulations. Understand the purposes and functions of laws in society and delve into the meaning of "the rule of law." Key legal terms and the federal court system are also covered.

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