Final Exam Flashcards
(62 cards)
Most Americans now consider themselves to be ______
Independents
Register to vote at drivers license and welfare agencies is _____
Motor Voter Act
Which of the following is a criterion through which jobs are given out in the merit system
Competence
In recent years an increasing number of state legislators are considering themselves to be _______________
Full-time representatives
Incumbents usually win for all the following reasons except
They force quality challengers
Courts are ______ institutions because they _________
Political
Resolve conflicts
*thus they make public policy
What determines whether a case is filed in a federal or state court?
It is base on whether the infraction involves a federal or state law
The 5 judicial styles of decision-making
1) passive appearance
- courts wait for a case
2) special rules of access
3) legal procedures
- motions, written briefs, & oral arguments
4) decisions in specific cases
5) appearance of objectivity
- judges can not use political considerations
Statutory Law
Laws that are passed by legislatures that take precedence over common law
Common law
Only applied by the courts when no statutory provisions are relevant or when it must be interpreted
Have the ammount of lawyers increased or decreased?
Significantly increased
Civil case
Disputes between individual or organizations that do not involve law-breaking
Liability
Legal responsibility for damages
Tort
A civil wrong or injury case involving private parties
Tort reform
Capping awards
Restricting “joint and several” liability
Instituting looser pays
Tort:
Proponents vs Opponents
Proponents-organizations
Oppinents-lawyers be less cases
Judicial federalism
State courts exercise of their authority to interperet their own state constitutions to guarantee protections of individual rights
The supremacy clause
Article VI
The federal constitution supersedes state constitutions that bind the judges in every state
BUT state constitutions cover many topics that are not adressed in the constitution
Judicial policy divergance
Judicial federalism creates diversity between federal and state law as well as from state to state
Structure of courts
State courts comprise a single, integrated judicial system
Minor Trail Courts
Key word, MINOR
“Courts of limited jurisdiction” Lowers level courts -traffic courts -family courts -policy courts -small claims
Presided over by justices of the peace, magistrates, or police judges
Production line style
Used in minor trial courts
Decide very quickly (10-15 minutes)
Major trail courts
Handle major civil and criminal cases from statutes, common law, and constitutions
- district courts
- circuit courts
- criminal courts
- common pleas courts
Prosecutor- state attorney or district attorney
Pros and Cons to a small Juries
Pros - saves time and money
Cons- a propensity to lack diversity
Jurors must be a resident and 18+