Podcast
Questions and Answers
Which of the following best describes stare decisis?
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?
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:
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?
Which of the following is an example of administrative law?
What does the concept of 'the rule of law' primarily imply?
What does the concept of 'the rule of law' primarily imply?
Which of the following best illustrates policy making by courts, as opposed to norm enforcement?
Which of the following best illustrates policy making by courts, as opposed to norm enforcement?
Why are state courts seeing encouragement to engage in 'problem-solving' approaches?
Why are state courts seeing encouragement to engage in 'problem-solving' approaches?
What role do federal magistrates primarily play in the U.S. federal court system?
What role do federal magistrates primarily play in the U.S. federal court system?
Flashcards
Statutes
Statutes
Laws created by elected legislative bodies.
Constitutions
Constitutions
The fundamental principles and rules for governing a state or organization.
Case Law
Case Law
Legal principles and rules that are developed by courts
Administrative Regulations
Administrative Regulations
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"Rule of Law"
"Rule of Law"
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Stare Decisis
Stare Decisis
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Writ of Certiorari
Writ of Certiorari
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Justiciability
Justiciability
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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
Legal Questions
- 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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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.