Introduction to the Legal System of the United States – Vocabulary Flashcards

Federalism (1 of 4)

• A system of political organization with two or more levels of government

• Federalism was established to prevent the centralization of power

• Vertical division of power with the national government above the state government

  • States are not necessarily subservient to the national government

  • States often have sovereign or independent power

Federalism (2 of 4)

• Dual sovereignty – both federal government and state government possess authority over citizens and policy areas, free from interference of the other

• Most authority is to rest with the states

• The Tenth Amendment states: “The power not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or the people.”

• Police Power is the authority of the states to regulate for the health and welfare of its citizens

Federalism (3 of 4)

• Examples of powers delegated to the United States (and not the States) by the Constitution:

  • Coin money, punish counterfeiters, and fix standards of weights and measures

  • Establish a post office and post roads

  • Promote the progress of science and useful arts by providing artists and scientists exclusive rights to their discoveries and writings

  • Punish piracy and crimes on the high seas

  • Declare war and raise armies; conduct diplomacy and foreign affairs

  • Regulate interstate and foreign commerce

  • Make laws necessary and proper for carrying into execution other powers expressly granted in the Constitution

Federalism (4 of 4)

• Supremacy clause declares federal law to be higher than state law

  • Applies if the federal government possesses jurisdiction or concurrent state and federal jurisdiction exists (dual federalism)

• Federal and state criminal law are very much parallel – they engage in cooperative federalism, a model where the federal government and the states share in governing

• Cooperative federalism involves collaboration and shared functions between levels of government

Federal and State Criminal Jurisdiction (1 of 3)

• Two models of federalism:

  • Dual federalism

  • Hierarchical federalism

Federal and State Criminal Jurisdiction (2 of 3)

• Dual federalism:

  • State and federal governments are coequals

  • Broad interpretation of the Tenth Amendment

• Hierarchical federalism:

  • National government is superior

  • Broad interpretation of the Commerce Clause and the Necessary and Proper Clause

Federal and State Criminal Jurisdiction (3 of 3)

• Dual federalism – state and federal governments as coequals with a broad reading of the Tenth Amendment

• Hierarchical federalism – national government superior with a broad interpretation of the Commerce Clause and the Necessary and Proper Clause

Separation of Powers (1 of 2)

• Three branches of the federal government:

  • Executive

  • President and his staff as well as administrative agencies the president oversees

  • Duty is to enforce the laws

  • Legislative

  • United States Congress

  • Creates the laws known as statutes

  • Judicial

  • Various federal courts of the land

  • Interpret laws through administration of justice

Separation of Powers (2 of 2)

• Checks and balances – prevents one branch from exclusively controlling most functions

  • Example: President can veto legislation

  • Congress can override the veto

  • Senate must approve treaties

• Judicial review – the judicial branch may invalidate actions of the President or Congress that violate the Constitution

Courts (1 of 6)

• Trial courts – a court that hears and determines a case

  • Witnesses testify and evidence is presented

  • Verdicts and sentences are announced

  • May be courts of general or specific jurisdiction

• Appellate courts – review decisions and actions of trial courts

  • Do not conduct trials – no witnesses or evidence presented

  • Can reverse, affirm, or remand a case

• Inferior courts – limited responsibilities, such as probate or municipal courts

  • Typically are not a court of record (no recordings of the court)

Courts (2 of 6)

• Supreme Court – the highest court in the country

  • Appeals from circuit courts are taken to the Supreme Court

  • Appeals of federal issues from state supreme courts are heard here

  • Supreme Court only hears about 3\% of cases appealed

  • Person appealing to the Supreme Court must seek certiorari (an order from an appellate court to the lower court requiring the record to be sent to the higher court for review)

Courts (3 of 6)

• Administration of justice – Courts act as a conduit for dispute resolution through interpretation of legislation and state constitutions across the nation

• While the judicial branch is independent from other branches, it does work with the executive branch when attempting to achieve criminal convictions

Courts (4 of 6)

• Judicial review – Higher court’s examination of lower court’s decision

• Power to invalidate statutes (rarely used)

• Power to declare any law, command, or other action void if it violates the United States Constitution

• Landmark case of judicial review is Marbury v. Madison

Courts (5 of 6)

• Insert Exhibit 1-4

Courts – (The Thirteen Federal Judicial Circuits) (6 of 6)

• [Insert summary of the Thirteen Circuits as presented in Exhibit 1-4]

Comparing Civil Law and Criminal Law

• Civil law includes:

  • Contract law, tort law, property law, intellectual property, and family law

• Negligence is included in civil law

• Strict liability torts exist in civil law

• Damages are awarded in civil cases

• In civil cases – the plaintiff sues the defendant

• In criminal cases – the government files criminal charges against the defendant

Social Contract (1 of 2)

• Social contract defines the respective rights and responsibilities of the people and the government

• In all societies, personal behavior is limited in some capacity

• Total absence of government is anarchy; few believe freedom results from anarchy

• Balance must be struck between governmental authority and individual liberty

Social Contract (2 of 2)

• The Constitution establishes a zone of freedom over which government is prohibited from regulating – These individual freedoms are known as civil liberties

• Every government is different regarding political participation by the people

• As the population increases, so, too, must governmental intervention – Increased involvement makes it difficult to protect civil liberties contained in the Bill of Rights

Ethical Considerations

• Basic ethics in criminal law:

  • Attorneys: state bar authorities

  • Paralegals: NALA; NFPA

  • Law enforcement officers: state and federal laws and departmental rules