Chapter 1: The American Legal System Flashcards
List the five sources of law.
1) Common Law
2) Equity Law
3) Statutory Law
4) Constitutional Law (Federal and State)
5) Executive Orders and Administrative Rules
Define common law.
Law that is informed by the previous decisions of justices over time.
Define precedent.
The way judges have ruled on similar issues in the past.
What are the four ways the court can handle precedent?
1) Accept/Follow it.
2) Modify/Update it.
3) Distinguish the case at hand from previous cases.
4) Overrule it.
When do courts typically overrule precedent?
1) When factual knowledge and circumstances change.
2) When social mores and values change.
3) When Judges/Justices on the court change.
Define Equity Law.
Judge-made law that allows for preventative rulings to be made, such as issuing injunctions or temporary restraining orders. It’s the carrying out or enforcement of already existent law.
Define Statutory Law.
The laws created by the legislative bodies as embodied in statutes. This is where criminal and civil law generally fall. (Some civil cases fall into equity law but only do so when they are not heard by a jury.)
Define Constitutional Law.
The law created by the Constitution of the United States of American and the individual states. This form of law deals with interpreting Constitutions and determining the validity of statutes in light of the Constitution.
Define Executive Orders and Administrative Rules.
The law created by the executive branch. These are things that would be created by the FCC or FAA, for example.
What are trial courts?
Trial courts are fact-finding courts. They are the places cases generally begin. These courts can consider both the facts of the matter and the law.
What are appellate courts?
Appellate courts are courts that review the law only. They review the proceedings of the lower courts but cannot investigate the facts of a particular matter.
What are the seven types of cases federal courts can hear?
1) Cases that arise under the Constitution, US Law and US treaties.
2) Cases that involve ambassadors and ministers, duly accredited, of foreign countries.
3) Cases that involve admiralty and maritime law.
4) Cases that involve controversies where the United States is a party to the suit.
5) Cases that involve controversies between two or more states.
6) Cases that involve controversies between a state and a citizen of another state.
7) Cases that involve controversies between citizens of different states.
What are the two types of jurisdiction of the Supreme Court and define each?
1) Original Jurisdiction - The First Person/Court to hear a case. This occurs in conflicts between the states.
2) Appellate Jurisdiction - To review decisions made at lower levels of the federal court system.
Define plaintiff and defendant.
Plaintiff - The party bringing a civil lawsuit.
Defendant - The party against whom the lawsuit is brought.
Define Originalism/Strict Constructionism.
The legal philosophy that maintains the rule of law via consistent rulings in line with the Court’s previous precedent even in cases where it would appear to be unjust.
