American Law and Judicial Systems Review

Comprehensive vocabulary flashcards covering the sources of American law, federalism, the branch structures of government, and the judicial system based on the lecture transcript.

Federalism

The political arrangement in which two or more levels of government provide services or regulate citizens in a specified area, and how power is shared among Federal, State, and local governments.

Separation of Powers

The division of power within a level of government among the Executive, Legislative, and Judicial branches.

Supremacy Clause

A provision of the U.S. Constitution establishing that the federal constitution is the highest law and that federal laws generally take precedence over state laws and constitutions.

Unincorporated areas

Areas within a county that are not part of any specific city.

Preemption

A legal doctrine where a law passed by a higher level of government (on the Federalism hierarchy) overrides or stops a lower level of government from regulating a specific area.

Express preemption

A type of state preemption where a law is specifically drafted to stop counties or cities from taking certain actions.

Implied preemption

Occurs when a local law prohibits an act permitted by the state legislature, or permits an act prohibited by the state legislature.

Field preemption

Occurs when there is clear legislative intent that an entire area of law is governed by the state, often evidenced by extensive regulations that reflect an intent to exclude local regulation.

RCW 9.41.290

The Washington State statute that demonstrates both express and field preemption by fully occupying the entire field of firearms regulation.

Executive Branch

The branch of government responsible for executing laws; it includes the President (Federal), Governor (State), County Executive (County), and Mayor (City).

Electoral College

The system for electing the President where candidates must secure a majority of $538$ delegates, requiring at least $270$ to win.

Executive Orders

Directives signed by the President that instruct the executive branch on how to apply rules; they are a source of law but can be challenged in court.

Legislative Branch

The branch of government that makes laws; includes Congress (Federal), State Legislature (State), and Councils (County/City).

Statutes

Laws passed by the Federal or State legislatures.

Ordinances

Laws passed at the County or City level of government.

House of Representatives

A body of Congress consisting of $435$ districts with members serving $2$-year terms, with the number of seats per state determined by the census.

Senate

A body of Congress consisting of $2$ senators per state, regardless of population, who serve $6$-year terms.

Gerrymandering

The highly political process of deciding where congressional districts are placed.

Initiatives

A process, specifically prominent in Washington State, that allows the people to bypass the legislature and pass laws directly via voting.

Judicial Branch

An independent branch of government that resolves legal disputes and applies the rule of law through a court system.

Judicial Review

The power of the courts to declare an act of Congress, state/local government, or Presidential Executive Orders unconstitutional and void.

Civil Suit

A type of trial court case where a plaintiff usually seeks damages ($$) and the burden of proof is the preponderance of the evidence.

Preponderance of the evidence

The burden of proof in civil cases, meaning the facts are more likely than not.

Beyond a reasonable doubt

The burden of proof in criminal cases, where the government prosecutes an individual for a crime.

Actions in Equity

Cases where a plaintiff asks a judge to order a defendant to do or stop doing something; these cases do not have a jury.

Damages

The award of money set by a judge or jury in a civil case.

Superior Court

The most common name for state trial courts in Washington State.

Appellate Courts

Courts that do not hear new evidence but review transcripts from trial courts to decide if evidence was sufficient or if legal errors were made.

Common Law

Law created by appellate courts through published decisions that are binding on lower courts in the same geographic area.

Statutory Construction

The judicial power exercised when a judge interprets the specific meaning of a word or phrase within a statute.

Stare decisis

The legal doctrine meaning 'to stand by things decided,' established to ensure predictability and certainty by following important legal precedents.

Textualist

A judicial philosophy, associated with Justice Scalia, holding that judges should only read the text to determine the original meaning at the time it was written.

Jurisdiction

The power of a court authorized by law to hear specific types of cases and enforce its rulings.

Subject Matter Jurisdiction

The authority of a court to hear a case based on the specific topic or subject of the lawsuit.

In rem jurisdiction

The jurisdiction a court has over property located within its geographic boundaries.

In personam jurisdiction

Personal jurisdiction over a person or entity, established once they have been served with a summons and complaint.

Long Arm Statutes

Laws allowing a person to be sued in another state if their conduct injured someone in that state.

Minimum contacts

The test used by courts to determine if a defendant's relationship with a state is sufficient for that state's courts to exercise jurisdiction.

Diversity Jurisdiction

Allows a case to be transferred from state to federal court if the parties live in different states and the amount in controversy exceeds $75,000$.

Substantive Law

The actual elements of a lawsuit, such as state contract law in a contract dispute.

Procedural Law

An individual court's internal rules about how the game of lawsuits is played, including rules of evidence.

Concurrent Jurisdiction

Occurs when multiple court systems (such as state and federal) both have the power to decide a case based on the subject.

Venue

The specific geographic location where a trial happens once jurisdiction has been established.