Legal Studies Exam 1

The four sources of law are __________, __________, __________, and __________.

Constitution, statutory law, executive orders, and case law.

In York v. Wahkiakum School District, the court held that the school’s policy of drug testing its athletes was unconstitutional? True or False? __________

True.

State action refers to __________.

Actions taken by government entities or officials.

Three differences between trial and appellate courts are __________, __________, and __________.

witness testimony, evidence introduced and question of fact decided

The three types of decisions that appellate courts can make are __________, __________, and __________.

Affirm, reverse, or remand.

What does affirm mean?

apellate court agrees with lower court

What does remand mean?

apellate court sends case back for new trial

What does reverse mean?

higher court disagrees with decision by lower court

With respect to the U.S. Supreme Court, all 9 justices vote on every case the Court hears unless a vacancy exists or a justice has chosen not to participate. True or False? __________.

True.

A writ of certiorari is __________.

An order by a higher court to review the decision of a lower court.

The levels of federal courts include __________, __________, and __________.

District courts, circuit courts, and the Supreme Court.

Federal courts generally hear __________ and __________ cases.

criminal and civil cases.

The levels of court in New York are __________, __________, and __________.

Supreme Court, Appellate, and Court of Appeals.

Stare decisis is __________, and its advantages and disadvantages include __________ and __________.

The doctrine of adhering to precedent; advantages: predictability; disadvantages: blind adherence.

The Supreme Court’s holding in Texas v. Johnson was __________, and the reasoning behind its holding was __________.

The flag burning was protected speech under the First amendment; government cannot regulate expression just because it is offensive

The six components of a case brief are __________, __________, __________, __________, __________, and __________.

Case name, facts, issues, holding, reasoning, and procedural history

In Gideon v. Wainwright, the facts, holding, and reasoning were __________, __________, and __________.

He was charged with a felony and had to represent himself in court because he couldn’t afford a lawyer, right to counsel is fundamental; the state must provide an attorney.

Legal professionals brief cases to __________.

It serves as a good summary and understanding of the case

What are the New York City courts?

Civil court, Criminal court, Family court, and Surrogates court

What is the NYC civil court?

Includes housing court and small claims. With monetary relief up to 50k and for small claims 10k. Housing court has to do with landlord and tenant matters.

What is NYC criminal court?

Deal with misdemeanors and lesser offenses

What is NYC family court?

Matters involving children and families

What is NYC surrogate court?

Deals with affairs of those who died, including wills and estates. Also handles adoptions.

How do the three branches of government create law?

Separation of powers, checks and balances

Give two examples of how checks and balances work

1- President can appoint supreme court judges but senate must approve. 2- The HOR and senate both have to pass bill before it becomes law.