united states legal system quiz

what are sources of law

• Where an authority can exercise their power

• It is going to make up the RULE used to educate et persuade

• Ex: case law, statue, executive orders, administrative regulations

• they are divided into primary authority and secondary authority

what is a primary authority source of law

• Legal rules

• Ex: code of law, code of civil producer, enacted law (statutes, constitutions, and administrative regulations)

• it is a binding authority that  is mandatory: with one's jurisdiction

what is a secondary authority source of law

• anything that is not primary, usually commentary on the law

• It is not of binding authority

• Law journals, articles, administrative regulation, executive orders, court commentary

what is a case of first impression

• Issue that has never been ligated in a dispute

• No case history or laws

• Where the use of secondary authority follow to create the primary authorty

what is original jurisdiction

• Is where a case originate

• Federal: this US district court

• State: trail courts et below

what are Courts of Inferior Jurisdiction

• courts of original jurisdiction.

• the power to hear only limited types of cases:  such as misdemeanor cases or cases in which the amount of damages the complaining party (the plaintiff) demands from the party sued (the defendant) does not exceed a specified sum

what are trial courts

• courts of general jurisdiction, that is, they may hear cases of all subject matters.( crimminal ligation, civil ligation)

• judge will decide a case by procedures that preclude a trial

what is the purpose of appellate courts

• The party that lost at the trial level, either by motion or by a decision after trial, may ask for review by a higher court

• determines whether the lower court committed any error significant enough to require that the decision be reversed or modified, or a new trial be granted.

info of appellate courts

• Circuit decisions are not binding of all the appellate courts

• 12 circuits: no jury no new evidence

• A  min. 3 judges

what are the two levels of appellate courts

1. intermediate appellate court

2. state supreme court

US District Courts

• district courts = trial courts

• 94 district courts, each state has at least one( LA has 3)

• Hear both criminal et civil cases

• Lowest level of federal court systems

United States Court of Appeals

• divided into thirteen circuits, so there are thirteen United States Courts of Appeals, eleven of which are identified by a number

• .The eleven numbered circuits are made up of a designated group of contiguous states (and also may include territories)

US Supreme Court

• can have orginal jurisdiction cases  et appellate

  • Usually in involves: conflict between two states, US and other country

  • The number of justices is left up to congress to decide

    • Orginally it was 6, then changed to 7 et 9

    • Since 1989 it has been 9 justices

what is an opinion of the court

where the Chief justice- writes the,(opinion of the majority) reason and holding over the case presented

what is a concurring opinion

a statement of agreement with the holding but for different reasons

what is a dissenting opinion

a statement of opposing opinion from the majority and the holding of the case presented.