The U.S. Legal System (Chapter 1) - Practice Flashcards

Q&A flashcards covering key concepts from The U.S. Legal System (Chapter 1) notes.

What are the two levels of government in the Federalist System?

Federal and state governments.

What does the Constitution declare about being the supreme law of the land and how do state constitutions fit in?

The Constitution is the supreme law of the land; each state has its own constitution.

What is the balance of power in the U.S. Federalist System?

A strong federal government to unify the country, while states retain independence.

What are common tensions between federal and state authority?

Issues such as drugs, guns, and healthcare.

List the five sources of U.S. Law.

Constitutional Law, Treaties, Statutory Law, Administrative Law, Case Law (Common Law).

What is Constitutional Law?

Foundational law that creates three branches and protects rights (Bill of Rights).

What is required for Treaties to take effect in the U.S.?

Senate ratification.

What is Statutory Law?

Laws passed by Congress or state legislatures; compiled in the U.S. Code (51 titles).

What is Administrative Law?

Agencies create rules and regulations to enforce statutes (e.g., EPA, IRS).

What is Case Law (Common Law)?

Courts interpret laws and rely on precedent (stare decisis).

What does the Legislative branch do?

Congress makes laws.

What does the Executive branch do?

President enforces laws, issues executive orders, oversees agencies.

What does the Judicial branch do?

Courts interpret and apply laws, resolve disputes.

What is the goal of checks and balances in government?

To prevent any single branch from gaining too much power.

What are the levels of the Federal Court system at the trial level?

District Courts (Trial Courts): 94 total; first level; hear civil and criminal cases.

What are Courts of Appeals?

13 circuits; review legal and procedural errors, not facts.

What is the Supreme Court?

Highest court, 9 justices; hears select cases via writ of certiorari; Rule of 4 requires at least 4 justices to grant cert.

What are the levels of State Courts?

Trial Courts of General Jurisdiction; Courts of Limited Jurisdiction; Intermediate Appellate Courts; Highest State Court (often called Supreme Court).

Can the U.S. Supreme Court step in on federal questions when reviewing state court decisions?

Yes; the U.S. Supreme Court can hear federal questions raised in state court decisions.

What is Civil Law?

Private disputes (contracts, property, torts); goal = compensation.

What is Criminal Law?

Offenses against society (theft, fraud, murder); goal = punishment and deterrence.

Can civil and criminal law both apply to the same conduct?

Yes, sometimes (e.g., insider trading can lead to an SEC civil action and criminal charges).

What is Stare Decisis (Precedent)?

Courts follow previous rulings to ensure consistency.

What is Binding Authority in stare decisis?

Supreme Court plus appellate decisions in the same jurisdiction.

What is Persuasive Authority in stare decisis?

Rulings from other jurisdictions.