Case Law Flashcards
(125 cards)
0
Q
How are Statutes also called?
A
Legislation
1
Q
What is case law?
A
Law that comes from court desitions
2
Q
How is written law also called?
A
Codes
3
Q
What is an Statute?
A
Is written law.
4
Q
Kinds of courts in old England
A
Law and equity
5
Q
What areas of law are part of the common law?
A
Property, contracts, torts.
6
Q
What are executive orders?
A
A law isued by the chief executive to direct the operation of governmental agencies.
7
Q
Who can issue executive orders?
A
The Presiden for the US gov
The governor for state government
The mayor for local government
8
Q
What is a treaty?
A
Is an international agreement between 2 or more countries or soverigns
9
Q
Who makes a treaty?
A
The President with the consent of the Senate if the Senate does not aproves it it is called AN EXECUTIVE AGREEMENT
10
Q
How is a Treaty also called?
A
Convention
11
Q
What is an attorney general opinion?
A
A formal legal advice by the chief law officer of the government to another government official or agency.
12
Q
Is an Attorney General Opinion considered a law?
A
No but, it is often relied as a source of law.
13
Q
What is case law?
A
Law that comes from court desitions
14
Q
How is case law also called?
A
Opinions
15
Q
What is stare decisis?
A
To stand by the decision
16
Q
Under what circumstance does federal law trump state law?
A
When they are in conflict
17
Q
How are the ten amendments to the constitution called?
A
The Bill of Rights
18
Q
Which amendment has the freedom of speach on it?
A
The first
19
Q
Who is the only person or institution that can not prohibit the right of speach?
A
The government
20
Q
What does the Establishment Clause do?
A
It prohibits the government establishing one religion of favoring over another
21
Q
How is the surveillance movement called?
A
Prism
22
Q
Who elects or appoints the justices of the Supreme Court?
A
The Suprime Court justices are appointed by the President
23
Q
Who authorizes the Federal Courts?
A
Article II of the Constitution
24
What branch of the government are Federal Courts?
Third
25
What does Article III of the constitution say?
The judicial power of the USA is vested in the Federal court system
The highest court is the Supreme court
Congress might create other inferior courts
Supreme Court Justices are appointed for lifetime, unless removed from office
Their salary can not be decreased
26
Where is the Federal Court System created on?
The Constitution
27
What does Article II of the Constitution say?
That federal judges are appointed by the president
28
What is the main chech that the executive have on the Federal courts?
Is the power of appointment
29
What is the main Constitutional check that the federal courts have on the executive brank?
Through the process of impeachment
30
Who has to advice and consent the president appointments of the Judges in the federal courts?
The Senate
31
What does Article I of the Constitution provides?
The chief justice of the Supreme Court presides over the Senate when the president is impeached
32
What is the main check that the federal court has over the legislative branch?
The process of judicial review
33
Who can turn specific Supreme Court decisions?
The Congress
34
Who can rule if a Federal Law is constitutional?
The Supreme Court
35
What is the Federal Court structure?
The Supreme Court
The Courts of Appeal and
The District Courts
36
What type of cases does the Supreme Court hears?
Cases of appeal
37
Which one is the highest court?
The Suprime Court
38
How many judges are in the Supreme Court?
9
39
When does the Supreme Court hear cases?
When 4 of 9 justices agree on a writ
40
Where does the Supreme Court meet?
On Washington D.C.
41
What is the file name for the Supreme Court or federal courts to Appeals called?
Writ of certiorari
42
What does the process of certiorari mean?
That 4 of 9 judges have to agree on the writ
43
Another name for the Supreme Court is?
The highest court in the land
44
How many courts of appeal are there in the country?
12
45
Another name for courts of appeal is
Circuit courts
46
What is the lower level of the federal court structure?
The district courts
47
What type of jurisdiction do courts of appeal have?
Only appeal jurisdiction.
| They don't have general jurisdiction
48
How many District Courts exist?
94
49
What type of jurisdiction do District Courts have?
Original jurisdiction
50
What are District Courts?
Trial courts
51
What is suplemental jurisdiction?
Are claims already before that court
52
What cases do Federal Courts hear?
1. Cases related to the Constitution or federal law
2. Cases with diversity jurisdiction when the amount in controversy is 75000 or greater
3. Cases already before that court
53
What are federal distric courts for?
Are courts where civil or criminal cases start
54
Which states have 4 federal district courts?
California
NY and
Texas
55
How many states does each court of appeal or circuit court handle?
More than one state
56
Are Courts of appeal jury or appellate courts?
They are courts of appeal, they don do jury trial
57
What document is used to gain merit of appeal?
Briefs
58
What is a brief?
Is the form necesary to file to gain merit for an appeal before the courts of appeal
59
How many judges are present in a court of appeal?
3
60
What is "banc panel"?
When all judges are asked to be present for a hearing
61
What is jurisdiction?
Is the power of a court to hear certain case
62
What is diversity jurisdiction?
When federal law authorizes federal courts to hear cases from parties with citizens from different states
63
What does "federal question" jurisdiction mean?
That federal courts can hear cases related to the constitution or other federal law
64
What does "trial court" means?
That judges from district courts are authorized to try cases.
65
What is the role of a circuit court?
To handle cases where a party argues that a district court made an error in handling their case
66
Who is the chief justice of the Supreme Court?
John G. Roberts
67
How is a not granted writ called?
Denied certiorari
68
How does a case gets to the Supreme Court?
1. By original jurisdiction
2. By writ of certiori
3. Appeal of a state Supreme Court
69
What are the word the Supreme Courts uses to start hearings?
Oyez, oyez, oyez
70
What is the final decision of the Supreme Court called?
Opinion
71
For how long can a lawyer talk about his case in the Supreme Court?
Half an hour
72
What is an "opinion".
Is the final decision of the Supreme Court
73
when is a mayor opinion reached?
When 5 justices agree on the decision
74
What is a concurring opinion?
Is the written opinion of the justices of majority
75
What is dissenting opinion?
Is the written opinion of the justices not in the mayority
76
What is "per curiam"?
Is the majority opinion delivered by the court, it is not a write opinion
77
What document shows how the decision was reached?
The dissenting opinion
78
Name other Federal Courts besides the Suprim Court and the Courts of Appeal
Article I courts, US Tax court
Bankruptcy courts
the US Court of Appeal for the Federal Circuit
79
What is the United State Code?
Is the compilation of all existing federal law
80
What is the code of federal regulation?
Is the compilation of all regulations issued by federal agencies
81
What is the federal Suplement?
Is a compilation of the opinion of all judges serving in the federal district courts
82
How are case laws also called?
Opinions
83
How are legistations also called?
Statutes
84
What is the diference between a statute and a code?
A statute is a law passed by a legislative body and
| A code is the systematic collection or revision of law rules and regulations
85
Is common law writen into statutes?
No
86
What is another name for legislation?
Statute
87
Kind of courts in old England
Courts in law and equity
88
What is an equity court?
Are cases not covered by writen law
89
What state did not adopted the common law of England?
Luisiana
| They adopted French law
90
Does common law have statutary basis?
No
91
What areas of law are traditionally part of common law?
Property, contracts and torts
93
What is the Constitution?
Is the fundamental law in which all future law are based
94
Who creates the branches of government?
The Constitution
95
What does the Constitution do?
Identifies rights and obligations of government and citizens
95
What is the second amendment?
To bear arms
96
How are the first ten amendments called?
The Bill of Rights
97
What is the third amentment?
Quartering soldiers
98
How many amendment are there in the Constitution?
27
99
What does the fifth amendmant say?
Talks about self-incrimination
100
What is an administrative regulation?
Is law designated to explain or carry out the statutes and executive orders that govern an administrative agency
101
What is administrative ruling?
Is a resolution of dispute between a person or entity and an administrative agency
102
The administratine rulings are analogous to what?
Case law
103
What is a charter?
Is the fundamental law of a municipality
104
What does a charter do?
It authorizes a municipality to perform designated government functions
105
What does enactment mean?
To make it into law
106
What is an ordinance?
Is the same as case law but at a city level
107
What are Court Rules?
Procedural law that govern the mechanism of litigation before a particula court
108
What are executive orders?
Laws issued by the chief executive to a statutory or executive authority to operate the government agencies
109
What is standing?
Is the legal right of a person to bring a lawsui
110
Who can bring a standing?
A person who has a case
111
What are the elements of standing?
Injury-in-fact
Causation
Capable of relief
112
What is injury-in-fact?
Means denial of service, access, benefit or civil right
113
Can an injury-in-fact be hypothetical?
No, it has to be real
114
In an injury-in-fact do you have to have a physical injury?
No
115
What is a causation?
That the injury has to be traced to the defendants conduct
116
What must be between a causal relationship?
What the defendant did or not do and the injury suffered
117
What does capable of relief means?
That if the lawsuit is won, it will be able to redress the wrong committed by the defendant
The court can do something to correct the wrong doing
118
Can the court order to pay money in a capable of relief case?
No
| It asks the damage to be repaired
119
What happens if there is no standing in a case?
There is no lawsuit and the case is dismissed
120
What is a procedure for court?
To have standing
121
What does ripeness mean?
That it is too early to decide a case
122
What does mootness mean?
It is too late for a court to decide
123
What does venus mean?
If it is the right court
124
What does political question mean?
Is the subject matter appropiate for the court to decide
