Lecture 2 & 3 - American Law and the Judicial System Flashcards

VOCABULARY flashcards covering the hierarchy of American law, preemption types, the branches of government, and judicial jurisdiction based on the lecture.

Federalism

The political arrangement in which power is shared among and between Federal, State, and local governments (cities and counties).

Separation of Powers

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

Supremacy Clause

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

"Federal" law

Laws of the national government which has authority over all $50$ states.

Unincorporated areas

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

Preemption

The principle derived from the Supremacy Clause where a law from a higher level of government overrides a law from a lower level of government when they conflict.

Express preemption

A type of state preemption where the state 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 are extensive regulations reflecting a clear legislative intent that an entire "field" of law is governed exclusively by state law.

RCW $9.41.290$

A Washington State statute that provides an example of express and field preemption by fully occupying the field of firearms regulation.

Statutes

The term used for laws passed by Federal and State legislatures.

Ordinances

The term used for laws passed by County and City governments.

Gerrymandering

The political process of deciding where congressional districts are placed, often used to create "safe" districts for a specific party.

Impeachment

A power of the House of Representatives to charge government officials, such as the President, with misconduct.

Initiatives

A process in Washington State that allows the People to pass laws directly, bypassing the state legislature and governor.

Judicial Review

The power of courts to declare acts of Congress, State, local government, or Presidential Executive Orders unconstitutional and void.

Plaintiff

The party who initiates a civil suit, usually asking for damages or equitable relief.

Damages

The money requested by a plaintiff in a civil suit as compensation for loss or injury.

Preponderance of the evidence

The burden of proof in a civil suit, meaning the claim is "more likely than not" true.

Beyond a reasonable doubt

The burden of proof required in a criminal case where the government prosecutes a defendant.

Actions in Equity

A type of civil case where the plaintiff asks a judge to order the defendant to do or stop doing something, rather than seeking money.

Superior Court

The name typically used for State trial courts, specifically in Washington.

Federal District Courts

The name used for Federal trial courts.

Appellate Courts

Courts that do not hear witnesses or new evidence, but instead review transcripts from trial courts to check for legal errors.

Common Law

Law made by appellate courts by deciding cases and publishing the decisions, which then become binding on lower courts.

Statutory Construction

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

Precedent

A published individual case decision that is binding upon all similar cases in that geographic jurisdiction.

Stare decisis

The legal doctrine meaning "to stand by things decided," which holds that once an important legal rule is created, it should not be changed without a compelling reason.

Textualist

A judicial philosophy, associated with the late Justice Scalia, which believes judges should only read the text to determine the original meaning of the writers.

Jurisdiction

The legal authority and power given to a court to hear specific types of cases and enforce their rulings.

In rem jurisdiction

Refers to a court's jurisdiction over property located within its geographic boundaries.

In personam jurisdiction

Also known as "personal jurisdiction," it is the court's authority over a person or entity after they have been served with a summons and complaint.

Long arm statutes

Laws that allow a person to be sued in another state if their conduct caused injury to a person in that state.

Minimum contacts

A test used to determine if a defendant has sufficient connection to a state for that state's courts to exercise jurisdiction over them.

Diversity Jurisdiction

The authority to move a case from state court to Federal Court if the parties live in different states and the amount in controversy exceeds $75,000$.

Substantive Law

The laws that define the elements of a lawsuit, such as state contract law.

Procedural Law

The internal rules of the court that govern how the "game" of lawsuits is played.

Venue

The specific geographic location where a trial happens, which determines the area from which jurors are selected.