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Origins of the law
Common
Statutory
When talking about origins of the law common is...
a judge-made precedent (This is an ancient English tradition, they are not written down, looking back on history)
When talking about origins of the law statutory is...
legislative (originate from law making bodies)
2 types of laws
Civil Action
Criminal Law
What is a civil action law?
private dispute (disagreements between citizens, no laws had been broken)
Civil action goes with the __________ origin of the law
common
What is criminal law?
crimes against society (this is when you break a law)
Criminal law goes with the __________ origin of the law
Statutory
What happens in a trial court?
When the case is first heard
Evidence is given
Decided if you are guilty or not guilty
A jury trail means that...
You are tried by a jury
A bench trial means...
You are tried by a singular judge
2 important parts of the Trial Courts
Original Jurisdiction
Jury trial/Bench trial possible - single judge
If someone is not happy with how their case turns out in a trial court, then they can appeal to the
Appellate courts
What is the job of the appellate courts?
reviews decisions made by the lower court
What 3 things can the Appellate Court decide?
Can give you another trial (trial courts)
Say live with it (you get what you get)
They can let you walk (meaning there was no reason to be tried to begin with)
Is there a jury in an Appeallate court?
No
how many U.S. district courts are there
51 (each state has one)
U.S District Courts (3 things to know)
General Jurisdiction
Jurisdiction boundaries limited to single state
Specialized courts
With a specialized court you know what they do based on their
name
The ________ ___ ___________ is above the district court
Court of Appeals
Court of Appeals (3 things to know)
Cricut courts (2nd level)
Appellate jurisdiction
Multi-state jurisdiction
You can appeal to the supreme court, but they do not have to
hear you
In an ________ jurisdiction you go straight to the supreme court
original
In an __________ you have to work your way up
Appellate
What 3 cases would lead to an Original Jurisdiction
Federal v. State
State v. State
Involves a diplomat
What is diplomatic immunity
They are not subject to the law of the land
Cases in the supreme court are Appellate meaning
they had to work their way up the court system
What is another name for the Writ of certiorari
Cert petition
A Writ of certiorari (Cert petition) is what ou have to do to
file an appeal to the supreme court (this is to have your case heard)
What does the "Rule of four" mean
You need 4 out of 9 votes in favor of hearing your case
State courts have
concurrent jurisdiction
3 things to classify it as concurrent jurisdiction
Has to be a civil lawsuit
People involved have to come from different states
Monetary more than $60,000
Federal Judges
politics and the courts
Special things to note about Federal Juges
They do not run for office
They are not voted for
They have the job for life
They do not have a term limit
What are the 2 steps of a federal judge being put into office?
The president nominates them
Then the senate confims it
What is the myth about politics and federal judges
That politics are not involved (Politics would be involved because they will base their decisions on their political beliefs)
What is the only way to remove a judge?
Impeachment (if they have broken the law, misdemeanor or crimes) (the judge can also choose to retire)
What is an Oral Argument
This is when the lawyers are given 30 minutes to present a case (This is the only part that it is open to the court)
Do they have cameras during an oral argument?
No, but they do have audio recordings
What is Conference work
Is only when there are 9 justices in the room (this is not open to the public. Once they have made a decision then it is released to the public)
What are the 3 steps of the Supreme Court at work
Conference work
Oral Argument
Conference work
What is a unanimous decision
When all 9 agree and are on the same page
What is a majority opinion?
This is when the majority becomes a law. (These are not unanimous and they are highly divided either way)
What is a concurring opinion?
To agree with the majority that something has to be the law but thy disagree with the reasoning behind it
What is Judicial Review?
The power of the courts to declare an act of congress or legislation act as unconstitutional
What was found through the case of Marbury v. Madison (1803)
Judicial Review
What to people believe who support Judicial Restraint?
They believe that the courts should use Judicial review sparingly (If it is used to often then they are becoming lawmakers)
What to people believe who support Judicial Activism?
They want the courts to use Judicial review often
Do the courts give advice or deal with hypotheticals?
No, only cases that are brought to them
Does the supreme court have the last word?
No, it can be constitutionally amended, this has only happened once
Can the courts reverse a decision?
Yes (Ex- Abortion and Brown v. Board of Education)
What does compliance by the other courts mean?
There are no problems with the lower courts
The Bill of Rights is the Bill that...
gives you rights
What do Civil Liberties protect you from?
Government Action (they are all natural)
What are Civil Rights?
This is when a person is discriminated against
Protection from the government
People not getting the same treatment (Example- Senior Citizen and Disabled People)
What did the courts rule in the case of Barron v. Baltimore 1833?
Ruled against, said that the Bill of Rights did not apply to the states, only the federal government
What did the court case of Palko v Connecticut 1937 rule?
That the Bill of Rights does apply to the states (specifically that the State government should allow due process)
What is selective incorporation?
This only made parts of the bill of rights apply to the states
What court case brought about the Clear and Present Danger Test?
Schenck v U.S.
The Schenck v U.S. case was the first issue with
Freedom of Speech
Clear and Present Danger Test means
if something poses a clear and present danger then it is no longer covered by the constitution
Since 1965 we have lived under the
Preferred Freedoms Test
What type of words are not protected by the constitution?
Fighting words
What is symbolic speech?
an action that says something (burning the flag is allowed by the constitution -1960)
What does prior restrain mean?
The government cannot decide what the public can or can't read
Libel/Slander
private and public
Libel is anything
In print
Slander is anything
they say verbally (the media can be sued for this)
Private
a private citizen can sue the media
Public
have a higher threshold, not treated as equals
What court case goes with obscenity
Miller v California 1973
What does obscenity mean
can be punished, it is not protected
What 4 things have to be present, so something is not obscene?
Literary
Artistic
Scientific
Political
What does malice mean
they meant to cause harm
Freedom of Religion
You can believe what you want but you cannot act on it (you cannot sacrifice a person)
The Establishment Clause
No religion or government mixing (The government cannot have a nativity scene or the 10 commandments up. Government officials cannot say Merry Christmas)
Accommodationist Interpretation
There is room for interaction, nothing wrong
Wall of Separation
No interaction between the government and religion
Who's idea was the Wall of Seperation?
Thomas Jefferson
Free Exercise Clause
No criminal act - prohibited Public schools - Yes/No Teachers cannot ask students to pray, but teachers can pray during their free time
What does the 4th amendment protect you from?
Unreasonable searches and seizures
Who signs off on a search warrant?
A judge
What are the 3 exceptions of not needing search warrant
Consent
Pursuit
Accidentally discovery
What does the exception consent mean?
When the person gives consent for them to search somewhere
What does the exception pursuit mean?
It means that they are in hot pursuit of the person
What does the exception accidentally discovery mean?
When something is discovered on accident, it was in plain sight
What does Exclusionary Rule mean?
It is when evidence is obtained illegally, this cannot be used in court
The 5th and 6th amendment give the right to what?
counsel
What did the court case Miranda v Arizonia establish
That you have a right to remain silent
What do the Scottsboro and Escobedo cases gives you the right to what 2 things
right to counsel
right to an attorney
What does the 8th amendment protect you from?
Cruel and unusual punishment
What does it mean when it says that the 8th amendment protects you from cruel and unusual punishments
That the government has to treat you humanely
The court case Robinson v California and Furman v Georgia both came to the conclusion that aligns with
Cruel and unusual punishment
Privacy is not mentioned in the ________________, this is why certain topics are controversial
Constitution
What was decided from Roe v Wade (1973)
They said that abortion was a private issue, that the founding fathers wanted americans to have privacy
Who did the 14th amendment protect from discrimination
African Americans
The 15th Amendment gave African Americans the right to
vote
Jim Crow Laws
Segregation or discrimination
The court case Plessy v Ferguson 1896 established
The separate but equal doctrine
The Civil Rights Act of 1964 said that
Separate but equal was wrong, you can no longer discriminate
Note 
Flashcard (25)