Understanding the U.S. Legal System

These flashcards cover fundamental aspects of the U.S. legal system, including comparisons with other legal systems and important historical context.

Who is the current Prime Minister of India and what role does he play in the legislative body?

Modi is the head of the council of ministers that is the legislative body in India.

What is judicial review?

Judicial review is the power of the court to invalidate laws passed by the legislature if they are deemed unconstitutional.

What are the two main systems of law in the world?

Common law and civil law.

What does 'case law' refer to in a common law system?

The reliance on judicial decisions to guide the resolution of cases.

How was the U.S. judicial system established?

It was built on the Judiciary Act of 1789.

What distinguished the judicial power in the United States?

It is vested in one supreme court and all other lower courts as established by Congress.

Can Congress eliminate federal courts in the U.S. system?

Yes, Congress has the power to eliminate lower courts, but not the Supreme Court.

What is the difference between adversarial and inquisitorial legal systems?

In an adversarial system, each party has a lawyer who presents its case, while in an inquisitorial system, the court plays a more active role in investigating the case.

What role did the U.S. play in shaping the German and Japanese legal systems post-World War II?

The U.S. built their legal systems, making them similar to the U.S. system.

Who was the first Chief Justice of the United States known for establishing judicial review?

John Marshall.

What key case established the principle of judicial review in the United States?

Marbury v. Madison.

What major difference exists between the judiciary of the U.S. and the UK?

The U.S. judiciary can invalidate laws, whereas the UK judiciary cannot.

What year was the case Marbury v. Madison decided?

1803.