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58 Cards in this Set
- Front
- Back
3 ways that law can be catagorized
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-criminal law
-administrative law -constitutional law |
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2 purposes of criminal law
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-punish the guilty
-deter wrongful behavior |
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definition of administrative laws
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-law(s) that is/are created to carry out a single specific law
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4 sources of law
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-constitution
-laws themselves (statutes) -judges -administrative agencies |
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definition of a statute
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-a more specific form of a law that we right down
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definition of a black letter law
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-any law that is in a book that we can open up and read
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How must one read a statute?
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-a statute must be read with its plain meaning, meaning that you read all the words literally
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definition of code
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-any well organized rationalized body of law (organized statutes)
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What specifically do judges do in regards to statutes?
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-judges fill the gaps in statutes
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3 fundamental powers of government
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-power to make law
-power to enforce the law -power to judge the law |
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definition of diffusion
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-the constitution seperates the 3 powers of government into different parts of government
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definition of article one
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-the power to make laws should reside in the congress
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2 parts of congress
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-house of representatives
-senate |
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definition of article 2
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-the power to execute the law should rely in the executive branch
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definition of article 3
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-the power to judge and interpret the law rests in the judicial branch
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2 requirements of being president
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-be an american citizen
-be 35 yrs old or older |
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3 powers that we have
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-we elect the executive
-we elect our representatives and senators -we can take disputes to the supreme court |
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2 limited powers of the president:
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-carry out the duties of the constitution
-enforce the laws |
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main job of the prosecutor
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-to find the truth
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definition of executive privilage
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-a legal protection that is held by the president... the right of the president to be left alone to do his or her job
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definition of desposition
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-this is the process of being examined for evidence before a trial... this is to prevent ambushes and suprises, and most importantly, have a right to all the evidence
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definition of article 2 branch
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-president, secretary, military structure
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definition of due process
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-the right to a fair trial
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definition of habis corpas
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-cant be put away unless there is a good reason
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definition of juristiction
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-the power of a court to here your case
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definition of the 5th ammendment
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-no person can be deprived of their private property unless their is paid just compensation and the property is taken for public use
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definition of posse comitatus
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-an act prohibiting the use of the military as a law enforcement agency (seperates civil law enforcement from the military)
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definition of federalism
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-a government that is strictly limited
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definition of charter
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-another name for a constitution
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definition of interstate commerce
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-business accross state lines
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3 essential activities that truely qualify as true interstate commerce that congress can make laws about
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-the channels of interstate commerce (ways through the states)
-the instrumentalities of interstate commerce (the specific items that flow over state lines) -if something has an impact on interstate commerce (ex pollution) |
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3 steps in the pathway to the supreme court
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-trial courts (judges, juries, exibits... if u lose, u can take it to appeals court)
-intermediate appellate court: an intermediate court in the middle of the system that hears appears -court of last resort (the final say... as high as u can take it) |
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definition of tiral courts
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-the united states district courts (at least one district court in every state)
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definition of circuit court of appeals
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-takes in appeals from several districts
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definition of federal circuit
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-ears specialized cases that only deal with patents, trademarks, and copyrights
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purpose of the DC Circuit
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-it is there for the governments convienent... if they want to sue u, they do so where they are, not where u are..... and if sue them, u have to sue them where they are, not where u are
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definition the US supreme court
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-the court of last appeal
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definition of cert
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-the power of the supreme court to decide what appeals it wants to hear and rejects the rest
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How do you make the supreme court hear your case?
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-it needs to have national significance
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significance of miranda
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-a small time crook who robbed a liquor store
he argued the right to remain silent and because it was an issue of national significance... he jumped from the top of the state chart to the top of the federal court |
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2 kinds of people that make it to bankruptcy court
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-debitors
-creditors |
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definition of the court of military appeals
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-u take ur appeal to a court of civilians to further insure ur rights
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definition of court of claims
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-u claim money from somebody who u felt who has done u wrong
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5 types of local NY courts
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-NYC criminal and civil courts
-country courts -district courts (nassau and suffolk) -small claims court -family court |
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3 ways how somebody gets to be a judge
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-federal judges are appointed for life by the president
-state citizens elect our local judges -the governor elects higher judges |
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federal road to the supreme court (3)
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1. US district courts (at least one in every state)
2. court of circuit appeals (1st through 11th circuits) 3. US Supreme court 3. court of last resort |
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number of judges in a NY state trial court
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1
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number of judges in a NY state appelate court
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5
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number of judges in the NY state court of appeals
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7
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number of judges in a federal district court
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1
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number of judges in a federal circuit court of appeals
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3
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number of judges in the federal supreme court
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9
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definition of appeal
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-when somebody believes that a judge is wrong
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3 tickets that u need 1 of to get into federal court
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-your case needs to involve a federal law
-diversity of state citizenship is different -interstate commerce |
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definition of rocket docket
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-a court district that moves very fast
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NY state road to the highest court (3)
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1. supreme court of the state of new york (one in every NY county)
2. appelate divisions (four departments: 1st, 2nd, 3rd, 4th) 3. court of appeals |
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general pathway to all the highest courts of both state and federal (3)
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1. trial courts
2. intermediate appellate courts 3. court of last resort |
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5 types of specialized federal courts
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-magistrate judges
-tax court -bancruptcy court -court of military appeals -court of claims |