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Intro to Law Chapters 1-3

Terms in this set (166)

o Judicial review in the United States
• The power of judicial review is held by courts in the United States
• The only explicit definition given in the Constitution is in Article III, where it says that "[t]he 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."
• judicial review was established in the Supreme Court decision in Marbury v. Madison.
• The ultimate court for deciding the constitutionality of federal or state law under the Constitution of the United States is the Supreme Court of the United States.
• The ultimate court for deciding the constitutionality of state law under state constitutions is the highest appellate court in each state -- usually called a Supreme Court, but also sometimes known as the Court of Appeals.
• the first seventy-five years of the Republic, the Supreme Court only struck down two pieces of legislation. Thereafter, laws were invalidated only in bursts, for instance, at certain times in the Progressive Era and during the New Deal.
• Since 1986, when current Chief Justice William H. Rehnquist joined the court, laws have been declared unconstitutional much more commonly than at any time previous.
• As of the end of 2004, the Rehnquist court has declared unconstitutional more than three dozen laws.
o Federal Court System
• District
• More than 90 federal District Courts
• Courts of original jurisdiction→ trial courts
• Only hear cases where federal jurisdiction exists→ federal crime committed or where residents are from different states and the amount in dispute in more than 75,000 (diversity of citizenship)
• Special Trial Courts
• Bankruptcy
• US Claims Court
• Tax Court
• Federal Appellate Courts
o 13 jurisdictions make up the intermediate level of the federal system
o en banc- entire panel of judges from the Circuit hear the case
o affirm; reverse or remand
• Supreme Court
o appellate jurisdiction for cases involving a Constitutional issue, question of federal law
o must file writ of certiorari- requesting a hearing at least four of the judges must want to hear the case (Rule of Four)
o original jurisdiction- all cases affecting ambassadors and those cases in which a State is a party the Supreme Court has (Article III)
o Article I, Section 8, Clause 3 of the United States Constitution empowers the United States Congress "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes".
o Commerce Clause has been the subject of intense constitutional and political disagreement centering on the extent to which Federal legislation may govern economic activity connected to interstate commerce but occurring within a state. Some have argued that the clause should be interpreted broadly to include a wide range of activities as related to commerce and the Supreme Court has often agreed with this interpretation.
o In Gibbons v. Ogden (1824), Justice Marshall ruled that the power to regulate interstate commerce also included power to regulate interstate navigation: "Commerce, undoubtedly is traffic, but it is something more—it is intercourse ... [A] power to regulate navigation is as expressly granted, as if that term had been added to the word 'commerce'
o [T]he power of Congress does not stop at the jurisdictional lines of the several states. It would be a very useless power if it could not pass those lines."
o In Swift v. United States (1905), the Court ruled that the clause covered meatpackers; although their activity was geographically "local", they had an important effect on the "current of commerce" and thus could be regulated under the commerce curve.
o Stafford v. Wallace (1922) upheld a federal law regulating the Chicago meatpacking industry, because the industry was part of in the interstate commerce of beef from ranchers to dinner tables.
The clause was the subject of conflict between the U.S. Supreme Court and the Administration of Franklin D. Roosevelt in 1935-37 when the Court struck down several of the President's "New Deal" measures on the grounds that they encroached upon intrastate matters. After winning the 1936 election by a landslide he proposed a plan to appoint an additional justice for each unretired Justice over 70. Given the age of the current justices this permitted a court of up to 15. Roosevelt claimed that this was not to change the rulings of the court, but to lessen the load on the older Justices, who he claimed were slowing the Court down.
o The wide interpretation of the scope of the commerce clase continued following the passing of the Civil Rights Act, which aimed to prevent business from discriminating against black customers.
o In Heart of Atlanta Motel v. United States (1964), the Court ruled that Congress could regulate a business that served mostly interstate travelers;
o in Katzenbach v. McClung (1964) the Court ruled that the government could regulate Ollie's Barbecue, which served mostly local clientele but sold food that had previously moved across state lines;
o and in Daniel v. Paul (1969), the Court ruled that the government could regulate an entire 232 acre (0.9 km²) recreational facility because three out of the four items sold at its snack bar were purchased from outside the state.
o In 1995, the limits of the power of the Federal government under the commerce clause was once again tested in United States v. Lopez (later clarified by United States v. Morrison). There Justice Rehnquist, delivering the opinion of the Court, ruled that Congress only had the power to regulate:
• the channels of commerce,
• the instrumentalities of commerce, and
• action that substantially affects interstate commerce
Thus the government did not have the power to regulate relatively unrelated things such as the possession of firearms near schools which had been banned by the law at issue. It was the first time since the conflict with President Franklin Roosevelt in 1936-37 that the Court had overturned a putative regulation on interstate commerce because it exceeded Congress's commerce power.
"Speedy and Public Trial"- continuous trial that's not in isolation- if definition meant "fast", would have all sorts of 6th Amendment violations
----Continuous-have asked for twenty five continuents
----"Public"-family court can be closed-personal business (financial matters, marital issues, children involved)-Juvenile court closed/sealed records-rehabilitation chance-if open, wouldn't have chance later in life
--------Criminal-judge has ability to close court-too controversial-example: Michael Jackson case-cameras allowed in-helped avoid media circus
----Sensitive cases-child testifying, molestation
"Impartial jury"-no internal bias and no making up mind before trying case-only focus on what they already believe about case
----"Jury of your peers" (case law granted)-"peer"-age (moral/ethics/shock value)-70 y.o. will respond differently than a 20 y.o.- Example: Peterson-accused of killing pregnant wife/cheater/longtime girlfriend-older jury=nightmare)-education level-DA wants most educated-will question prosecution's case- race- socio-economic level- gender-ethics-religion-politics-profession-background-hobbies
--------"Peer"-case law only cares about race&gender
--------"Notice Clause"-aware of charges-must know so that you can get a good lawyer&so you know how to fight it
--------Confrontation Clause-ability to cross examine testimony of person testifying against you
--------Subpoena- person or thing (sdt)- "bring the thing before the court"
--------Right to Attorney-begins w/ contact w/ police-right v. afford- must be serious criminal case-people will plea to something when innocent bc don't have a lawyer and are scared