U.S Judicial Systems Test #1

Law

4 part definition

-A rule of conduct

-Enacted by a sovereign

-Details what is “Right and Wrong”

-Enforced by the imposition of a penalty.

Sovereignty

Supreme power or authority. “We the people” in the united states constitution. The people of the United States give the government power.

Executive Orders

Directives given by the president to an agency on how to enforce the law.

used for presidential housekeeping, partisan symbolism, and legal bait.

Judicial Review

the power of the courts to examine the actions of the legislative, executive and administrative arms of government. It is dependent on two things, “Cases and Controversies”. in order for Judicial review to happen there must be a case and the case must be accepted by the supreme court.

Civil Law System

Civil law has legislative supremacy rather than Judicial supremacy. It is dependent on written codes, judges therefore have less judicial review power.

Separation of Powers (Vertical and Horizontal)

Horizontal- Breaking up power across the different branches of government. No branch becomes too powerful.

Vertical- Split between the state and federal level.

Ranking Sources of Law

1. Constitution

2. Statutes

3. Regulations

4. Common law traditions

Jurisprudence

What the law should be? How each individual feels about law and its application.

Legal Positivism

To posit or to write something.

• A way of thinking about law that doesn’t contemplate the morality or purpose of the law. If it is written as such it shall be executed as such.

• It is what it is, not what it ought to be.

• Law is authoritative and one is obliged to follow it due to its agreed upon status by the society’s majority.

Single Vs. Two tiered trial courts

Single tier trail courts- Involve courts of general jurisdiction. Courts view all kinds of cases rather than specializing.

Two tier trial courts- By product of limited jurisdiction. Separates court cases into separate issues in an attempt to be more efficient.

District (trial) vs. Appellate courts

Trail courts- cases are analyzed and judged by a group of peers called a jury

Appellate courts- the decision of the trial court is appealed based on an error that occurred. Not a new trial, must prove there was an error in how the law was applied.

Certiorari

an appeal to the high courts of both the federal and state levels to take your case.

Selection of federal judges (criteria)

No specific requirements

4 broad considerations

1. Professional Competence

2. Loyalty to party

3. representative/ demographic factors

4. Ideological Orientation

Judicial Independence

Ability of judges to be free of public opinion. No fear of retribution. Clashes with ideas of Judicial accountability.

Judicial Accountability

Holding judges accountable by the public. Competes with Judicial independence (Can’t have both).

Caseload of state courts (compared to federal courts)

States courts handle the majority of the nations judicial business.

Law School admissions criteria (U.S)

High Gpa and High Lsat.

Gideon V. Wainwright

Establishes that federal and state governments have a number of programs and finding to provide indigents legal services.

• 6th amendment only applies to criminal cases.

Law making insitutions of the United States

Congress makes legislation

Judiciary has the power of judicial review

Executive branch uses executive orders

Article 1 section 8 of the U.S constitution

The list of things that congress is allowed to do.

Federalist 78

Journal written by Alexander Hamiltion explaining why you should not fear a federal judiciary. Lack of power over coin and sword.

Vertical vs. Horizontal Stare decisis

Stare decisis- to stand by the things decided.

Vertical- Higher courts’ decisions take precedence over lower courts’ decisions.

Horizontal- Courts of the same level must follow their own previous decisions.

Common Law systems

system of law that relies on precedent and judicial supremacy. Written codes are applied but judges are used to fill in the gaps.

Roles of Courts (5)

1. Mediators of conflict. (under certain conditions of independence)

2. Creators of legal expectations- you live by what you think the law will do to you.

3. Guardians of the constitution (and minority rights)

4. Therapeutic and problem solving agents

5. Policy Makers

Natural Law

Divinity or gods law. Humans are rational creatures created in the divines image. Therefore should be able to navigate law for the betterment of society.

-law is authoritative because of its moral content, discovered by rational being and should align with our natural purpose.

Legal realism

Refers to the skepticism that law can be derived logically and predictably from formal rules.

• law is nothing more than the exericise of power in service of a self or group interest. Law is authoritative because its and exercise of power backed by the government.

Judicial Federalism

states and federal courts reach different levels of law. Arrangement of sharing judicial power between the state and federal levels. Overlapping jurisdiction.

Appeal by right vs. Appeal by permission

everyone is granted one appeal by right to the appellate courts. Appeal by permission is the seeking of a supreme courts opinion on ones case.

Oral Arguments

Part of the process thorough which cases are heard. Lawyer or parties representing each side og the dispute put together and oral argument.

Case book/ socratic method

cold calling individuals to hold them accountable for the reading that was required for class.

Pro se vs. Pro bono

Pro se- representing ones self in court

Pro bono- charity work of representing someone in court without pay.