chapter 3 and 4

Question 1

what are the two statutes outside the National Archives

Answer 1

“Study the past”= Study History and “What is past is prologue”= History will repeat itself we learn not to repeat our failures

Question 2

what are the 4 things the supreme court can do?

Answer 2

1.Over ride the will of the majority expressed in act of congress. 2.remind president that all U.S citizens are subject to the law. 3. Can require the redistribution of political power in every state. 4. Can persuade the nations citizens that the fabric of their society must be rewoven

Question 3

Supreme court

Answer 3

The law that emanates from the Supreme Court is the law of the land, and no other judicial or political body can overrule decisions it makes. The Supreme Court can overrule itself by amending decisions.

Question 4

Constitution

Answer 4

The Constitution itself is a rather brief document, intended to set forth the framework of the new government rather than to provide the lengthy specifics that others would find themselves having the responsibility of developing.

Question 5

Where in the constitution does it say we should have a supreme court?

Answer 5

The U.S. Constitution ordains in Article 3 that there shall be a “Supreme Court.

Question 6

Article 3

Answer 6

The Judicial power of the United states shall be vested in one supreme court and in such inferior courts as the congress may from time to time ordain and establish

Question 7

The Supreme Court has jurisdiction over two general types of cases:

Answer 7

cases that reach it on appeal, and cases over which the Court has original jurisdiction, meaning the case can actually start at the Supreme Court.

Question 8

The Supreme Court may hear cases as follows

Answer 8

1. Appeals from lower courts.
2. Cases involving the application of the constitution.
3. Treaties entered into by the United States.
4. Admiralty and Maritime cases.
5. Certain public officials or political entities.
6. Foreign dignitaries.
7. Disputes between states.

Question 9

Ex Parte McCardle (1868

Answer 9

Congress reserved the right to limit the jurisdiction of federal courts, including the supreme court.
This does not give congress overriding power over the supreme court, choose where cases may be heard(pg. 56).

This is an excellent example of the natural tension that the constitution creates to prevent any one branch of government from exercising excessive power.

Question 10

Judicial Review

Answer 10

the power of a court to analyze decisions of other government entities and lower courts

Question 11

United States v. Klein 1871

Answer 11

Supported the McCardle decision when the supreme court held that congress,indeed, retains the power of Article 3 to determine which federal courts may hear certain types of cases

Question 12

Marbury v. Madison

Answer 12

) established that the Supreme Court has the authority to nullify and void an act of Congress that violates the Constitution.

Question 13

Martin v. Hunter’s Lessee

Answer 13

held that the supreme court can review and reverse state court decisions and can review pending state cases

Question 14

Cons to judicial review

Answer 14

contends that judges have too much power: “the main alternative to judicial review is legislative supremacy, and the question is whether the courts have the power to overrule the decisions of elected legislators.

Question 15

Pros to judicial review

Answer 15

an attempt to solve a practical problem: how to keep politicians from violating individual rights of undermining the overall system of government for short-term gains.

Question 16

writ of certiori

Answer 16

(Latin for “to be informed”) a vast majority of cases heard by the Supreme Court occur through this process.

Question 17

make up of the supreme court

Answer 17

The Supreme Court has one Chief Justice and Eight Associate Justices, nominated by the president of the United States and confirmed by the Senate.
A Supreme Court appointment is a lifetime appointment so a justice may not be unduly influenced.

Question 18

article 1

Answer 18

The judges, both of the supreme and inferior courts, shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Question 19

article 2 of constitution

Answer 19

directs that the President of the United States nominates a judge for appointment. The Senate must confirm the appointment(pg. 62). This is privilege for the President. also includes impeachment process

Question 20

liberal

Answer 20

pro person accused or convicted of a crime, pro civil liberties or civil right claimants, pro indigents, pro Native American and anti government.

Question 21

Conservative

Answer 21

decisions that favor the governments interest in prosecuting and punishing offenders over recognition or expansion of rights for individuals.

Question 22

term beginning

Answer 22

By federal statute, a Term of the Supreme Court always begins on the first Monday in October, continuing until June or July.

Question 23

sittings

Answer 23

(periods during which the Supreme Court hears cases.)

Question 24

recesses

Answer 24

periods when the Supreme Court does not hear cases but considers administrative matters and writes opinions.

Question 25

opinion

Answer 25

A written statement by the court explaining its decision in a given case, usually containing the legal issues or points of law involved a statement of facts, and any precedents on which the decision is based.

Question 26

concurring opinion

Answer 26

one written by a justice who agrees with the holding, but gives additional or different reasons for voting with the majority.

Question 27

dissenting opinion

Answer 27

written by a justice who disagrees with the holding and voted against the majority.

Question 28

strict construction

Answer 28

a rigid interpretation of a law not likely to expand the specifically set forth law of the particular statute , particularly in expanding the intent of the law

Question 29

importance of research

Answer 29

this skill allows you to find answers to legal questions, and perhaps more important, to better understand the judicial system.

Question 30

popular literature

Answer 30

publications are written for the layperson. IE Newsweek, Time, Readers Digest.

Question 31

Popular Scholarly and professional sources

Answer 31

It is important to recognize the intended audience for which information is written, as well as who is doing the writing and editing. Information about law may be written at a popular level for the layperson, at a professional level for the practitioner or at a scholarly level for the researcher.

Question 32

professional literature

Answer 32

- publications written for the practitioner in the field. I.e. the FBI Law Enforcement Bulletin, Corrections Today, the Journal of Municipal Government.

Question 33

Scholarly literature

Answer 33

publications written for those interested in theory, research and statistical analysis. Examples are: Justice Quarterly, an official publication of the Academy of Criminal Justice.

Question 34

primary information sources

Answer 34

raw data or the original information. (U.S. or State Constitution)

Question 35

secondary information sources

Answer 35

information based on the raw data or the original information.

Question 36

legal dictionaries

Answer 36

define words in their legal sense.

Question 37

legal citation

Answer 37

a standardized way of referring to a specific element in the law. It has three basic parts: a volume number, an abbreviation for the title, and a page or section number.

Question 38

case citation

Answer 38

Case citation is important to understand when researching the law or, for that matter even writing a paper. Citations show the student exactly where to find an important point, right down to the page(pg. 78).

Question 39

string cites

Answer 39

additional legal citations showing where a case may be found in other commercial reporting services. Aka parallel citations.

Question 40

case law

Answer 40

the law as established by the outcome of former cases.

Question 41

holding

Answer 41

the rule of the law applied to the particular facts of the case and the actual decision.

Question 42

caption

Answer 42

the title of the case setting forth the parties involved. I.e. Marbury v. Madison

Question 43

affirm

Answer 43

agree with a lower court’s decision.

Question 44

reverse

Answer 44

overturn the decision of a lower court.

Question 45

remand

Answer 45

return a case to the lower court for further action.

Question 46

Vacate

Answer 46

to set aside or annul a case.

Question 47

Brief

Answer 47

an outline of a legal case that contains the case name and citation, a summary of key facts, the legal issues involved, the court’s decision, the reasons for that decision and any separate opinions for dissents. Good but not as through as reading the whole case file.

Question 48

shepardizing

Answer 48

using the resource Shepard’s Citations, a reference that tracks cases so legal researchers can easily determine whether the original holding has been changed through any appeals.

Question 49

Sheperdizing

Answer 49

The name comes from a legal service started by Frank Shepard who began publishing lists of all the authorities citing a separate case, statute, or other legal authority.In 1996 Shepards was bought by LexisNexis (online version of Shepards Citations was created)