Summary

This study guide covers key topics for PSCI 308 Test 1, including law sources, court systems, and legal principles. It presents a series of questions focusing on legal concepts, the U.S. judicial system, and related terminology. The document prepares students for the exam by guiding them through the relevant material and providing context for understanding the subject matter.

Full Transcript

PSCI 308 Test 1 Study Guide This is a guide – not the answer sheet for the exam! You are responsible for and expected to know the material contained in the textbook Ch. 1-4 and posted on CANVAS. Not every question or answer will be found in this document. Conversely, not everything on this guide wil...

PSCI 308 Test 1 Study Guide This is a guide – not the answer sheet for the exam! You are responsible for and expected to know the material contained in the textbook Ch. 1-4 and posted on CANVAS. Not every question or answer will be found in this document. Conversely, not everything on this guide will be included in the exam. Know the sources of law in the U.S. – statutes, constitutions, case law and administrative regulations – and what precisely do these terms mean What are the general purposes of laws? What function(s) do they serve in society? What is meant by “the rule of law” and how has the U.S. citizenry embraced the concept? You should 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 How were federal courts created (constitution? Congress?) ? What is the process used by the Supreme Court to select and decide cases? -understand from deciding to decide until the opinion is rendered- What types of cases does the Supreme Court have the authority to decide? Why is Marbury v. Madison important? What is the federal court of appeals, what types of cases does it decide and how does it fit into the federal judicial system? What is the federal district court, what types of cases does it decide and how does it fit into the federal judicial system? What roles do magistrates, law clerks and court administrators perform? How are state court systems structured? What is a state court of last resort and what kind of discretion does it generally have in choosing cases to decide? What are the types of cases decided by state courts and what types are most frequently filed? What are the common names for various state courts? What is meant by policy making versus norm enforcement and what do those terms mean? How do caseloads compare within a state court (which are busiest and why) and how do state court workloads compare to federal court workloads? Why are state courts being encouraged to “solve problems” and how does this compare to the traditional function of courts? Is it an effective use of the judicial system to raise revenue for local and state governments? Are there any dangers in this approach? Have the number of jury trials in federal courts over the past twenty five years increased or decreased? Why and what factors have been involved? What kinds of systemic or personal limitations are there for federal judges in deciding cases? According to Judge Hornby what do stakeholders want from the federal judicial system? You should be able to understand and articulate the main points from both readings on state courts (Missouri and Michigan articles). Know the policymaking function of each type of court. You should know and be able to define and describe the most important principles of judicial self-restraint What is meant by an advisory opinion and what is the U.S. Supreme Court’ position on it? What is the difference between a legal and factual question? What does exhausting administrative remedies mean? Does the U.S. Supreme Court have to follow precedent?

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