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Am Gov Ch. 6
Terms in this set (54)
apply to a higher court for a reversal of the decision of a lower court.
rule of law
principle that the law applies to everyone, even those who govern
laws prohibiting behavior the government has determined to be harmful to society; violation of a criminal law is called a crime
An act against the law
Law that defines, describes, regulates, and creates legal rights and obligations.
Law that establishes the methods of enforcing the rights established by substantive law.
A law that governs relationships between individuals and defines their legal rights.
A civil wrong against an individidual
laws that establish the legal infrastructure in the United States—how the branches relate to each other—and determine how the game of politics is played
an example that may serve as a basis for imitation or later action
laws passed by a state or the federal legislature
established by local, state, or federal regulatory agencies
Formal orders issued by the president to direct action by the federal bureaucracy.
common law tradition
a legal system based on the accumulated rulings of judges over time, applied uniformly-judge-made law
civil law tradition
a legal system based on a detailed comprehensive legal code, usually created by the legislature, gives judges less leeway
trial procedures designed to resolve conflict through the clash of opposing sides, moderated by a neutral, passive judge who applies the law
legal system concerned with primarily finding the truth
legal system. uses law suits
series of steps that determine whether a claim should be paid
Crimes against state (ex. Murder)
Pay fine to state or prison time
Wrongful injury to an individual (ex. wrongful death in car accident)
Pay damages or fulfill a contractual obligation
What does the judge do?
Decide what the punishment will be and to keep order
If a case is appealed
the lower courts ask the higher courts to review the process
the party bringing a lawsuit
a person who files an appeal
singling out an individual as a suspect due to appearance of ethnicity
the official power to make legal decisions and judgments.
Constitution provides for
One Supreme Court
Lower courts established by congress as necessary
Judges hold their job as long as they behave themselves
How many US Courts of Appeal
How many US district courts
federal district courts
The lowest tier of the federal court system and similar to the trial courts that exist in each state
U.S. Court of Appeals
A court within the second tier of the three-tiered federal court system, to which decisions of the district courts and federal agencies may be appealed for review.
Judges are Presidential appointees
No requirements for office
Hold appointment for life unless removed for criminal/unethical breach
Believe the Constitution is a living document that should be interpreted according to the needs of modern society
individuals who believe in a conservative interpretation of the Constitution
writs of certiorari
formal requests by the U.S. Supreme Court to call up the lower court case it decides to hear on appeal
Supreme Court process
Petition for Writ of Certiorari, The Conference, Rule of 4, The Docket, Briefs, Amicus Curiae Briefs, Oral Arguments
a brief submitted by a "friend of the court"
A presidential appointee and the third-ranking office in the Department of Justice. The solicitor general is in charge of the appellate court litigation of the federal government.
a statement that presents the views of the majority of supreme court justices regarding a case
documents written by justices expressing agreement with the majority ruling but describing different or additional reasons for the ruling
documents written by justices expressing disagreement with the majority ruling
Marbury v. Madison (1803)
Established judicial review
McCullock v. Maryland (1819)
Expanded power of the National government, Federal bank case
Plessy v. Ferguson (1896)
Separate but equal
Brown v. Board of Education (1954)
Overrules Plessy v. Ferguson (no stare decisis). Racial segregation violates 14th Amendment Equal Protection Clause ("separate is inherently unequal")
Lochner v. New York (1905)
Declared unconstitutional a New York act limiting the working hours of bakers due to a denial of the 14th Amendment rights.
Gideon v. Wainwright (1963)
Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay.
Baker v. Carr (1962)
"One man, one vote." Ordered state legislative districts to be as near equal as possible in population; Warren Court's judicial activism.
Griswold v. Connecticut (1965)
Established that there is an implied right to privacy in the U.S. Constitution
Roe v. Wade (1973)
Abortion rights fall within the privacy implied in the 14th amendment
U.S. v. Nixon (1974)
Allowed for executive privilege, but not in criminal cases; "Even the President is not above the law;" Watergate.
Citizens United v. FEC (2010)
corporations have a 1st Amendment right to expressly support political candidates for Congress and the White House
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