Ba chapter 3

What are the three branches of the federal government?

Legislative, executive, and judicial.

What does the legislative branch do?

Makes laws and controls taxes and spending.

What does the executive branch do?

Enforces laws and controls the armed forces.

What does the judicial branch do?

Interprets laws and decides whether government actions are constitutional.

Which article creates Congress?

Article I.

What are the two houses of Congress?

The Senate and the House of Representatives.

Which article creates the executive branch?

Article II.

Who is Commander-in-Chief of the armed forces?

The President.

Who nominates federal judges?

The President.

Who confirms federal judges?

The Senate.

Which article creates the federal judicial branch?

Article III.

What is judicial review?

The power of courts to decide whether government actions violate the Constitution.

Which case established judicial review?

Marbury v. Madison.

What does separation of powers mean?

Government power is divided among the legislative, executive, and judicial branches.

What are checks and balances?

Each branch has powers that help limit the power of the other branches.

What is the power of the purse?

The legislative branch's control over government money and spending.

What is the power of the sword?

The executive branch's control over the armed forces.

What is an administrative agency?

A government body created to regulate a specific area.

What is an enabling statute?

A law passed by Congress that creates an administrative agency and gives it authority.

Why are administrative agencies sometimes called a fourth branch of government?

They can make rules, enforce them, and decide disputes within their authority.

What is a case or controversy?

A real legal dispute appropriate for a court to decide.

What is an advisory opinion?

A court's opinion about how it might rule on a hypothetical future dispute.

Do federal courts generally issue advisory opinions?

No.

What is a moot case?

A case where the issue has already been resolved or a court decision would have no practical effect.

What is standing?

A sufficient personal interest or injury that allows a person to bring a lawsuit.

Who normally has standing to sue?

A person who has actually been harmed or is likely to be harmed.

If you witness someone else being punched, do you usually have standing to sue for that injury?

No. The injured person normally has standing.

What is a political question?

A question courts refuse to decide because it belongs to the political branches.

What is judicial restraint?

The idea that judges should avoid making new policy and leave changes to legislatures.

What is judicial activism?

The idea that judges may use decisions to encourage or create social change.

What is habeas corpus?

A court order requiring that a detained person be brought before the court.

Does habeas corpus guarantee release from custody?

No. It guarantees a court hearing.

What is a writ?

A written court order directing some action.

What is a bill of attainder?

A law that punishes someone without a court trial.

Can Congress pass bills of attainder?

No.

What is an ex post facto law?

A criminal law that retroactively changes the legal consequences of an act.

Can Congress pass ex post facto criminal laws?

No.

Does the ban on ex post facto laws apply to criminal law or civil law?

Criminal law.

What are the first ten amendments called?

The Bill of Rights.

What does the First Amendment protect?

Religion, speech, assembly, and freedom of the press.

What does the Fifth Amendment protect?

Self-incrimination, double jeopardy, and due process.

What is self-incrimination?

Being forced to provide evidence or testimony against yourself in a criminal matter.

What is double jeopardy?

Being tried more than once by the same government for the same criminal offense.

What is due process?

The requirement that government use fair procedures and laws before taking life, liberty, or property.

What is procedural due process?

The right to fair government procedures, such as proper notice and a hearing.

What is substantive due process?

The requirement that laws affecting life, liberty, or property be fundamentally fair and have a proper purpose.

Procedural due process vs. substantive due process

Procedural = fair process. Substantive = fair law.

What does the Sixth Amendment protect?

The right to a speedy and public trial in criminal cases.

Does the Sixth Amendment speedy-trial right apply to civil cases?

No. It applies to criminal cases.

What does the Fourteenth Amendment do?

It applies most Bill of Rights protections to state and local governments and requires due process.

Can a state take away a driver's license without giving the person an opportunity to be heard?

Generally no, because due process may be required.

What is jurisdiction?

The power of a court to affect legal relationships.

What are the four main jurisdiction topics in Chapter 3?

Subject matter jurisdiction, jurisdiction over persons or property, concurrent versus exclusive jurisdiction, and venue.

What is subject matter jurisdiction?

The court's power to hear a particular type of case.

Subject matter jurisdiction memory trick

Does this court have the power to hear THIS TYPE of case?

Can a juvenile court normally hear a criminal case involving an adult?

No, because it lacks subject matter jurisdiction.

Can a bankruptcy court normally decide a criminal case?

No.

What are the three main bases of jurisdiction over persons or property?

In personam, in rem, and quasi in rem.

What is in personam jurisdiction?

A court's authority over a particular defendant.

What is another name for in personam jurisdiction?

Personal jurisdiction.

What can give a court in personam jurisdiction?

Consent, domicile, physical presence, or a long-arm statute.

What is consent to personal jurisdiction?

The defendant agrees, directly or indirectly, to the court's authority.

How can a contract give consent to jurisdiction?

It can contain a clause choosing the court or state where disputes will be heard.

What is service of process?

Delivery of legal notice informing a defendant about a lawsuit.

What is physical-presence jurisdiction?

A court may have personal jurisdiction when the defendant is physically present in the state and properly served.

What is domicile?

A person's permanent home where the person intends to return.

How many domiciles does a person generally have?

One.

Where is a corporation domiciled?

The state where it is incorporated and the state where it has its corporate headquarters.

Can a corporation be subject to personal jurisdiction where it does business?

Yes.

What is a long-arm statute?

A state law allowing courts to obtain personal jurisdiction over certain out-of-state defendants.

What is a nonresident motorist statute?

A type of long-arm statute allowing jurisdiction over an out-of-state driver who uses the state's roads.

What case created the minimum contacts test?

International Shoe Co. v. State of Washington.

What is the minimum contacts test?

A defendant must have sufficient connections with a state so jurisdiction is fair and reasonable.

What phrase is associated with the minimum contacts test?

Fair play and substantial justice.

Why did Washington have jurisdiction over International Shoe?

The company had continuous and systematic business activities in Washington connected to the dispute.

Can a state usually exercise personal jurisdiction over a defendant with no contacts with that state?

No.

What is specific personal jurisdiction?

Jurisdiction over a case connected to the defendant's activities in the forum state.

What is general personal jurisdiction?

Jurisdiction allowing a defendant to be sued in the state on any claim because of a strong connection such as domicile.

Specific vs. general personal jurisdiction

Specific = claim connected to activities in the state. General = any claim because defendant is strongly connected to the state.

What is a passive website for jurisdiction purposes?

A website that only provides information or advertising.

Does a passive website usually create personal jurisdiction in another state?

No.

What type of website is most likely to create personal jurisdiction?

A website that repeatedly conducts business or contracts with residents of the state.

How is jurisdiction determined for an interactive website?

By the level of interaction and whether the activity is commercial.

What is in rem jurisdiction?

A court's authority over property or status located within the court's territory.

What does in rem jurisdiction affect?

The property or status itself and everyone's rights in it.

Can in rem jurisdiction normally be used to make a defendant personally pay damages?

No.

What is quasi in rem jurisdiction?

Jurisdiction over property used to determine the rights of specific people.

In rem vs. quasi in rem

In rem affects everyone's rights in the property. Quasi in rem affects specific people's rights in the property.

What is attachment?

Seizure of a defendant's property to bring it under the court's control.

What is garnishment?

Obtaining a defendant's property that is being held by another person.

In quasi in rem jurisdiction, what limits the plaintiff's recovery?

The value of the property.

What is actual notice?

Directly serving the defendant with legal notice.

What is constructive notice?

Public notice used when actual notice cannot be obtained after reasonable efforts.

What is concurrent jurisdiction?

When more than one court has authority to hear the same type of case.

What is exclusive jurisdiction?

When only one particular court system can hear a type of case.

Concurrent jurisdiction memory trick

More than one court can hear it.

Exclusive jurisdiction memory trick

Only one court system can hear it.

What are examples of federal exclusive jurisdiction?

Bankruptcy, copyrights, federal crimes, patents, and certain federal antitrust cases.

Is employment discrimination generally an example of concurrent jurisdiction?

Yes.

What is forum shopping?

Choosing among courts that have jurisdiction based on which forum may be more favorable.