PS 217: Politics, Law & Society Exam Study Guide

Four major sources of law

Judicial decisions, legislation, administrative regulations, and executive orders.

Pyramid of disputing

A framework showing why many legal problems exist but few become lawsuits.

Legal culture

Society's values, beliefs, and attitudes that influence how law is used.

Legal norms vs. civility norms

Legal norms are formally enforced; civility norms are informal social expectations.

Separation of powers

Distribution of government authority among legislative, executive, and judicial branches.

Madison's view in Federalist No. 47

Concentrating all powers in one branch threatens liberty, though branches overlap.

Evers v. Marklein (2024)

Wisconsin Supreme Court case addressing separation of legislative and executive authority.

Precedent

An earlier judicial decision guiding courts in similar subsequent cases.

Binding vs. persuasive precedent

Binding must be followed; persuasive is optional but provides guidance.

Stare decisis

The legal principle that courts should generally follow established precedent.

Li v. Yellow Cab Co.

California Supreme Court case replacing contributory negligence with comparative negligence.

Contributory negligence

A strict rule barring plaintiff recovery if they share any fault.

Comparative negligence

A rule dividing legal responsibility according to each party's share of fault.

Riggs v. Palmer

Case holding that a murderer cannot inherit under their victim's will.

Judicial review

The authority of courts to declare governmental actions unconstitutional.

Constitutionalism

The principle that government authority is limited by a constitution.

Marbury v. Madison (1803)

Supreme Court case establishing the principle of judicial review.

Federalist No. 78 (Hamilton)

Argued courts must prioritize the Constitution over conflicting ordinary legislation.

Strict constructionists vs. interpretivists

Strict constructionists favor original meaning; interpretivists adapt principles to modern needs.

Judicial activism

A term describing judges perceived as exceeding their appropriate judicial role.

Ledbetter v. Goodyear Tire & Rubber Co.

Pay discrimination case that led to the Lilly Ledbetter Fair Pay Act.

Three functions of administrative agencies

Enforcement, rulemaking, and adjudication.

Exhaustion of administrative remedies

Requirement to complete agency procedures before seeking judicial review.

Joslin v. Department of Interior (2026)

Case dismissed because the employee failed to exhaust administrative remedies.

Chevron v. NRDC (1984)

Established that courts defer to reasonable agency interpretations of ambiguous statutes.

Loper Bright Enterprises v. Raimondo (2024)

Overturned Chevron, holding that courts must independently interpret ambiguous statutes.

Executive order

A presidential directive managing or directing activities within the executive branch.

Diversity jurisdiction

Federal jurisdiction over disputes involving citizens of different states.

Trial vs. appellate courts

Trial courts determine facts; appellate courts review decisions for legal error.

Wisconsin judicial selection method

Nonpartisan judicial elections.

Merit selection

Judicial selection involving applicant screening, gubernatorial appointment, and retention elections.

Immigration courts

Administrative courts operating within the executive branch, lacking Article III protections.

Judicial accountability

Mechanisms ensuring judges act ethically, competently, and within their authority.

Recusal

A judge's voluntary withdrawal from a case due to potential bias.

Reading law

Historical method of becoming a lawyer through apprenticeship instead of law school.

Christopher Columbus Langdell

Developed the modern case-based method of teaching law.

Mediation

A neutral third party helps disputants reach a voluntary agreement.

Arbitration

A neutral decision-maker hears a dispute and issues a binding decision.

Mandatory arbitration

A contractual requirement to resolve disputes through arbitration rather than litigation.

Judicial review vs. judicial appeal

Constitutional review of laws vs. legal review of a lower court's decision.