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US Legal System > Set One > Flashcards

Set One Flashcards

1
Q

Stare Decisis

A

The doctrine of precedent

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2
Q

Complaint v. Petition

A

Traditional law action v. Traditional equity action

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3
Q

Equity jurisprudence

A

Fairness principles instead of technical rules

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4
Q

Judiciary Act, Section 34

A

“Rules of Decision Act” - fed courts apply state laws when judging lawsuits between citizens of different states (where it does not violate federal law)

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5
Q

Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938)

A

Case that establishes Judiciary Act

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6
Q

Who drafted the Bill of Rights?

A

James Madison

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7
Q

Which Founding Father wanted stronger national government?

A

Federalist Thomas Jefferson

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8
Q

Which Founding Father advocated for a weaker national government?

A

Anti-Federalist George Mason

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9
Q

Which amendment made the Bill of Rights applicable to the states?

A

14th Amendment - Due Process Clause

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10
Q

1st Amendment

A

Freedom of Speech

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11
Q

2nd Amendment

A

Right to bear arms

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12
Q

3rd Amendment

A

Protection against housing soldiers in civilian homes

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13
Q

4th Amendment

A

Protection against unreasonable search and seizure

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14
Q

5th Amendment

A

Protection against trial w/o indictment

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15
Q

6th Amendment

A

Right to a speedy trial

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16
Q

7th Amendment

A

Right to trial by jury

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17
Q

8th Amendment

A

Protection against excessive bail

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18
Q

9th Amendment

A

Rights granted by Constitution shall not infringe on other rights

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19
Q

10th Amendment

A

Powers not granted by Fed belong to the states and people

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20
Q

Supremacy Clause

A

Article IV, Paragraph 2 -

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21
Q

Where are the Enumerated Powers?

A

Article 1, Section 1 sets forth enumerated Powers specifically delegated to the Federal gvt

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22
Q

What are the Enumerated Powers? (12)

A
  1. Borrow money
  2. Declare war
  3. Taxes
  4. Bankruptcy
  5. Patents
  6. Print money
  7. Establish lower courts
  8. Exercise legislative powers over seat of power (DC)
  9. Regulate interstate commerce
  10. Regulate trade between foreign countries
  11. Establish post offices
  12. Raise army and navy
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23
Q

How many amendments have been adopted?

24
Q

Initiating a Constitutional Amendment

A

Article VI
2 methods
1. Congressional resolution - 2/3 majorities of both houses of Congress and no role for the President
2. State Legislature/Convention - 2/3 of state legislatures can convene a convention of the states to propose an amendment

25
Ratifying a Constitutional Amendment
Congress determines which 2 methods 1. Legislatures of 3/4 of states 2. 3/4 of state ratifying conventions (only used once, 21st amendment)
26
Montesquieu
Social and political philosopher Theory of separation of powers
27
Legislative Branch Article?
Article 1
28
Chambers of Congress
House of Representatives and the Senate
29
Legislature Primary Powers (6)
Enact laws Raise appropriate funds Declare war Impeach officials from executive/judicial branches Provide consent on presidential appointments (Senate) Ratifying treaties (Senate)
30
17th Amendment
Changed the method of selection of senators from states to direct election by the people in each state
31
Alottment of Congress representatives
Article 1 Each state, 2 senators House of Representatives is determined by state population
32
Legislature terms
Senators - 6 year terms House of Reps - 2 year terms No term limits
33
Currently in Congress (number of reps)
100 senators 435 House of Representatives
34
Who introduces a bill to Congress?
Bills must first be introduced into the House or the Senate by a member
35
The Origination Clause
Article 1, Section 7, Clause 1 All revenue must originate through the House Senate may propose or concur w/amendments Then assigned to committee for review/consideration
36
How does a bill get passed?
After committee review/consideration, both chambers must pass the same version of the bill by majority
37
President’s role with Bills
President can sign or veto. If vetoed, it returns to Congress
38
To Override a Veto
2/3 majority in both chambers is required to override a veto
39
Executive Branch
Article II of the Constitution
40
Executive Branch: Which powers?
1. Enforce laws of the nation 2. Commander and chief of the armed forces and head of state
41
President can: (5)
1. Sign or veto legislation 2. Issue executive orders 3. Issue presidential memorandums 4. Issue proclamations 5. Nominate judges to federal courts, subject to the consent of the Senate
42
Which branch carries out nation’s foreign policy and diplomacy?
Executive Branch
43
How is the President elected
The Electoral College process
44
How many terms can the President serve?
2 terms plus two or less years if a person serves part of the last president’s term (22nd amendment)
45
Judicial Branch
Article III
46
How is judicial power vested?
“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.”
47
Judiciary Act of 1789
Established the federal court system separate from individual state courts
48
How are federal courts set up?
Tri-level courts in each federal district District Court — Circuit Court — Supreme Court
49
Significance of Marbury v. Madison (1803)
Establishes judicial review, i.e. the power to declare a law unconstitutional
50
How many Supreme Court justices?
9 justices
51
How many Circuit Courts? How many District Courts?
13 Circuit Courts 94 District Court
52
What is Article VI?
Relationships Between the States
53
“Full faith and credit” location and details
Article IV, Section 1 Requires all states to give full faith and credit to public acts and judicial proceedings of other states
54
“Privileges and immunities” location and details
Article IV, Section 2 Provides citizens of each state entitlement to all privileges and immunities of citizens of other states
55
Interplay between Federal and State rests on the establishment of 3 type of powers
1. Exclusive federal powers 2. Exclusive state powers 3. Concurrent powers
56
Montesquieu’s Spirit of the Laws” said what?
Political power should not be concentrated but divided 3 branches separate and independent promotes liberty

US Legal System (1 decks)

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