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What is the primary focus of Originalism when judges interpret the law?
What is the primary focus of Originalism when judges interpret the law?
Which approach does NOT take the drafters' intentions into account during interpretation?
Which approach does NOT take the drafters' intentions into account during interpretation?
What does the Attitudinal Approach suggest influences judges' decisions?
What does the Attitudinal Approach suggest influences judges' decisions?
What concept ensures predictability and trust in the judicial system according to the robes on theory?
What concept ensures predictability and trust in the judicial system according to the robes on theory?
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How does the Strategic Approach differ from other judicial interpretation methods?
How does the Strategic Approach differ from other judicial interpretation methods?
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What is the highest court in the federal judiciary of the United States?
What is the highest court in the federal judiciary of the United States?
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What types of jurisdiction does the U.S. Supreme Court have?
What types of jurisdiction does the U.S. Supreme Court have?
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Which of the following courts handles minor criminal offenses and civil cases?
Which of the following courts handles minor criminal offenses and civil cases?
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Which type of state court receives appeals from courts of general jurisdiction?
Which type of state court receives appeals from courts of general jurisdiction?
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What is the primary role of a judge in the legal system?
What is the primary role of a judge in the legal system?
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Which court clerk's responsibility is primarily to record proceedings and administer oaths?
Which court clerk's responsibility is primarily to record proceedings and administer oaths?
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What is NOT a type of state court mentioned in the content?
What is NOT a type of state court mentioned in the content?
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Who captures live proceedings using a stenographic machine?
Who captures live proceedings using a stenographic machine?
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What does the legal principle of 'standing' require from individuals wishing to bring a case to court?
What does the legal principle of 'standing' require from individuals wishing to bring a case to court?
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In legal terms, what is 'ripeness' in relation to court cases?
In legal terms, what is 'ripeness' in relation to court cases?
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What principle allows both federal and state courts to prosecute individuals for the same offenses?
What principle allows both federal and state courts to prosecute individuals for the same offenses?
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What type of cases typically fall under federal jurisdiction?
What type of cases typically fall under federal jurisdiction?
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What is the primary function of the Federal Court of Appeals?
What is the primary function of the Federal Court of Appeals?
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Which of the following concepts prevents a defendant from being tried twice for the same offense?
Which of the following concepts prevents a defendant from being tried twice for the same offense?
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What does the principle of 'mootness' imply in a legal context?
What does the principle of 'mootness' imply in a legal context?
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What is typically required before an individual can bring a case to court under the 'exhaustion' rule?
What is typically required before an individual can bring a case to court under the 'exhaustion' rule?
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What motivates judges according to their views and role within the judicial system?
What motivates judges according to their views and role within the judicial system?
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What is a characteristic feature of the American Bar Association's early formation?
What is a characteristic feature of the American Bar Association's early formation?
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What phenomenon describes judges' tendency to align their decisions with higher court expectations?
What phenomenon describes judges' tendency to align their decisions with higher court expectations?
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Which group of lawyers typically has the least resources and operates independently?
Which group of lawyers typically has the least resources and operates independently?
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What key factor limits access to the legal profession?
What key factor limits access to the legal profession?
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What is a common characteristic of lawyers working in large corporate law firms?
What is a common characteristic of lawyers working in large corporate law firms?
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How has the complexity of society influenced the development of the lawyer profession?
How has the complexity of society influenced the development of the lawyer profession?
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What is one of the primary roles of government lawyers?
What is one of the primary roles of government lawyers?
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What aspect of the legal profession is characterized by self-regulation and enforcement of ethics?
What aspect of the legal profession is characterized by self-regulation and enforcement of ethics?
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What has been a historical view of lawyers in relation to farmers and workers?
What has been a historical view of lawyers in relation to farmers and workers?
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What is the primary role of a special counsel appointed by the president?
What is the primary role of a special counsel appointed by the president?
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In which historical period did the jury system, as known today, begin to develop?
In which historical period did the jury system, as known today, begin to develop?
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What is the role of a plaintiff in a court case?
What is the role of a plaintiff in a court case?
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What was one of the initial roles of the jury in the American colonies?
What was one of the initial roles of the jury in the American colonies?
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How did the Federalists and Anti-Federalists view the composition of juries?
How did the Federalists and Anti-Federalists view the composition of juries?
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What change occurred to the jury system as a result of the compromise between Federalists and Anti-Federalists?
What change occurred to the jury system as a result of the compromise between Federalists and Anti-Federalists?
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Which of the following is NOT a role of a jury?
Which of the following is NOT a role of a jury?
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What is one characteristic of a jury as established in the United States?
What is one characteristic of a jury as established in the United States?
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Study Notes
Justiciability and Judicial Gatekeeping
- Courts will not hear a case if the plaintiff will not be affected by the outcome (mootness).
- Individuals must demonstrate a sufficient connection to and harm from the law or action to have standing in court.
- Courts will not issue advisory opinions and limit their jurisdiction to “cases and controversies” (ripeness).
- Individuals must exhaust all administrative remedies before bringing a case to court (exhaustion).
- Courts will not decide issues that are under the authority of other branches or endanger national security (political questions/secrets).
Jurisdiction Between Federal and State Systems
- Federal and state courts have concurrent jurisdiction over disputes.
- Appeals may be taken from state courts to federal courts if the issue is federal or related to the Constitution.
- The 5th Amendment’s double jeopardy clause prevents a defendant from being tried twice for the same offense, but the “dual sovereignty doctrine” allows federal and state courts to prosecute individuals for the same offenses.
- Federal courts have jurisdiction over cases involving laws passed by Congress, constitutional issues, interpretation of international treaties, and diversity cases with damages exceeding $75,000.
- State courts have jurisdiction over general cases, cases arising from the state constitution or violating state laws, and certain diversity cases.
The Structure of the Federal Legal System
- Federal District Court: First stop for most civil cases in federal jurisdiction, with at least one district court in each state.
- Federal Court of Appeals: Appeals from district courts are heard here, with 13 courts of appeals covering different circuits.
- The U.S. Supreme Court (SCOTUS): Highest court in the federal judiciary, exercising discretionary jurisdiction over appeals from federal courts of appeals and state supreme courts. It also has original jurisdiction over disputes between states, disputes between the U.S. government and a state, and disputes between a state and a foreign citizen.
The Structure of the State Legal System
- State Courts of Limited Jurisdiction: Handle minor criminal offenses and civil cases.
- State Courts of General Jurisdiction: Handle major criminal and civil cases, as well as appeals from limited courts.
- State Appellate Courts: Receive appeals from courts of general jurisdiction.
- State Supreme Courts: Highest court in the state judicial system, receiving and reviewing appeals from lower courts.
Inside Actors in the Legal System
- Judge: Presides over court proceedings.
- Court Clerk: Records proceedings and administers oaths to witnesses.
- Court Interpreter: Translates proceedings and questions for non-English speakers.
- Court Reporter/Stenographer: Captures live proceedings using a stenographic machine or other recording devices.
How Judges Decide Disputes
- Judges typically explain their decisions are based on the law and established precedents.
- Different approaches to judicial decision-making:
- Originalism: Focuses on the intent of the law’s creators or framers of the Constitution.
- Textualism: Analyzes the text of a statute or constitutional provision directly, without interpretation.
- Attitudinal Approach: Assumes judges' decisions are influenced by their preferences and prejudices.
- Strategic Approach: Views judges as motivated by goals that advance certain policies.
- Historical-Institutional Approach: Judges base decisions on their awareness of their affiliation with important institutions and prioritize maintaining respect for the law and the judiciary.
Lawyers
- Development of the Legal Profession: Initially, individuals were expected to defend themselves. Lawyers were excluded from trials and seen as elites. However, the complexity of society made lawyers necessary to guide individuals through trials. Law became a profession and academic field with the establishment of law schools.
- The American Bar Association: Founded in 1870 to regulate the legal profession.
- Characteristics of the Legal Profession: Specialized education, restricted access, monopoly over expertise and skills, self-regulation, and professional ideology.
Types of Lawyers
- Solo Practitioners and Small Firm Lawyers: Operate independently, often with limited resources and skills.
- Government Lawyers: Employed by federal, state, county, or municipal governments.
- Lawyers of Large Corporate Law Firms: Occupy the top of the hierarchy, representing powerful corporate clients with access to resources and specialized knowledge.
- Special Counsel/Prosecutor: Lawyers appointed to investigate charges of criminal misconduct within the administration.
Outside Actors in the Legal System
- Jury: Group of individuals sworn to hear evidence, make findings of fact, and render a verdict.
- Witness: Individual providing testimonial evidence.
- Plaintiff: Individual or party filing a lawsuit.
- Defendant: Individual or party accused and sued in a court.
The Jury
- Development of the Jury: Dates back to 1215 with the abolishment of trial by ordeal. Initially, the jury operated as the “judges of the law,” but later assumed a more passive role, following the law as instructed by the judge.
- Jury Composition: Composed of 12 individuals representing the community.
- Jury and the Federalist VS. Anti-Federalist Debate: Federalists favored impartial juries composed of individuals distant from the crime scene. Anti-Federalists argued for local juries as a means of democratic participation. The compromise resulted in juries being formed from the state and district of the crime.
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Description
Test your knowledge on justiciability concepts and the interplay between federal and state jurisdiction. This quiz covers essential principles such as mootness, standing, and the exhaustion of administrative remedies. Prepare to explore the complexities of the judicial system and its constraints.
