American Judicial System

Front 1

Law

Back 1

Rules established and enforced by an authority.

Hint 1

Outline Principe Ch1

Front 2

Jurisprudence

Back 2

The philosophy or science of law.

Hint 2

Outline Principe Ch1

Front 3

Historical jurisprudence

Back 3

Studying the development of law;precedent

Hint 3

Outline Principe Ch1

Front 4

Functional jurisprudence

Back 4

The relationship between legal rules and social norms and how they impact one another

Hint 4

Outline Principe Ch1

Front 5

Analytical jurisprudence

Back 5

Analyzing words, typically of legislation or contracts

Hint 5

Outline Principe Ch1

Front 6

Rule of Law

Back 6

Legal principles that limit the government or enforcing authority

Hint 6

Outline Principe Ch1

Front 7

Judicial _____________

Back 7

Anything related to judges, laws, courts, or any of their functions

Hint 7

Outline Principe Ch1

Front 8

Positive functions of Law (5)

Back 8

1.Provides order & Predictability
2.Resolves disputes
3.Protects individuals
4.Provides for general welfare
5.Protects individual liberties

Hint 8

Outline Principe Ch1

Front 9

Classical Naturalism

Back 9

Law developing side-by-side with morality. An emphasis on process and formality.

Hint 9

Outline Principe Ch2

Front 10

Classical Positivism

Back 10

Criticizes naturalism in that it permit revolt against the government. Positivism believes a true government should tolerate no revolt and only enforce the law.

Hint 10

Outline Principe Ch2

Front 11

American Realism

Back 11

Oliver Wendell Holmes; emphasizes the courts not have a role in legislating.

Hint 11

Outline Principe Ch2

Front 12

Critical Legal Studies

Back 12

There is no distincition between law and politics. Law weakens/empowers groups.

Hint 12

Outline Principe Ch2

Front 13

Feminist Legal Studies

Back 13

A sex-struggle for women to achieve legal equality.

Hint 13

Outline Principe Ch2

Front 14

Legal System

Back 14

Referring to a set of legal procedures or rules related to an institution.

Front 15

Civil law system

Back 15

Written bullet-laws, as opposed to precedent. Composed by legislature.

Front 16

Customary law

Back 16

Law based directly on social norms

Front 17

Common law family

Back 17

A focus on the legal adminstration as judges and lawyers.

Front 18

System of writs

Back 18

Petition requesting legal relief. Permission from an authority (e.g. king or judge)

Front 19

Law of equity

Back 19

Special set of rules assisting those who have suffered injustice.

Front 20

Staredecisis

Back 20

Emphasis on precedent

Front 21

Corrective justice

Back 21

The law correcting harm done to a person.

Front 22

Distributive justice

Back 22

The law closing the gap of inequality amongst two parties.

Front 23

Federalism principles

Back 23

Sharing authority between a central and subnational government.

Front 24

Public law

Back 24

Legal relationships between gov't-gov't or gov't-person.

Front 25

Statutory law

Back 25

Legal relationship amongst legislative-people.

Front 26

Primary rules

Back 26

Laws to control social conduct

Front 27

Secondary rules

Back 27

A procedure as to HOW to enforce primary rules

Front 28

Rule skepticism

Back 28

Formal rules cannot be discovered by a judges deductions.

Front 29

Roscoe Pound's definition of law

Back 29

General rules recognized or enforce in the administration of justice

Front 30

Felony

Back 30

A serious offense such as rape, arson, grand larceny, crimes punishable by lengthy terms.

Front 31

Misdemeanor

Back 31

Crimes usually punishable by less-than 1-year terms.

Front 32

Private law

Back 32

Regulates affairs of citizens

Front 33

Will theory (of contract)

Back 33

The courts should uphold a contract that satisfies the intent of the contract.

Front 34

Natural law

Back 34

A universal truth manifested in law, of which may be achieved through reason. Moves morally parallel

Front 35

Legal positivism

Back 35

Law that is not parallel to morals and conceives law as empirical.

Front 36

Economics in law

Back 36

Economic principles that apply to to law impacting the market and non-economic social behavior.

Front 37

Ideological legal Systems

Back 37

in my understanding, this system is one in which the government projects goal or value and constructs laws to support it. Exampli gratie, North Korea and its constitutional emphasis on a strong military.

Front 38

Religious legal system,

Back 38

law revolving around religion. E.g. Muslim law and its focus on the Qur’an and within it the teaching of the prophet (sunnah). This together makes Islamic law AKA Shariah.

Front 39

Questions of Jurisprudence (5)

Back 39

1, What is the origin of law 2, what is laws substantive meaning? 3,what is the relationship of morality to law? 4,in what ways is law just? 5,how does the law change while preserving the stability of the political and legal system.

Front 40

Ronald Dworkin

Back 40

as critic to legal positivism, in that judges may not simply ignore the reality morality conflict in laws. Laws propose direction, when inclined towards one, decline is inevitable in the opposing.

Front 41

Judicial Federalism

Back 41

The court system as hierarchical

Front 42

Merit system of election

Back 42

Appointing lower court judges by state chief judges from a list of candidates.

Front 43

Elective system of election

Back 43

Appointing lower-court judges through election. (Most popular ,though has become politicized)

Front 44

Republican Party of Minnesota v White (2002)

Back 44

Upholding judges 1st amendment right to free speech during elections or interviews.

Front 45

Judicial Jeopardy

Back 45

ABA criterion for judicial appointment (page 129)

Front 46

Objective merit"

Back 46

Henry J. Abraham, judges should be professional and integral to the code of law.

Front 47

Appointment process for Federal Judges

Back 47

1.Nomination the president, assisted by white house staff 2.Senate may confirm/reject nominee 3. If confirmed, formally appointed by president.

Front 48

Senatorial courtesy

Back 48

The president consulting with the senate with respect to judicial nomination

Front 49

Blue slip

Back 49

A written document by the senate explaining the reason for the judicial rejection/confirmation

Front 50

Methods of interfering with the confirmation process (5)

Back 50

1.Delaying vacancies 2.Centralized selection power 3.Activism and interest groups 4. Media 5.Polarization on the political spectrum

Front 51

Functions of the US Courts (3)

Back 51

1.Decide cases 2.Interpret laws 3.Practice judicial review

Front 52

3 types of cases

Back 52

1.civil (money damages) 2.criminal (jail time or fines) 3.Equity issues, providing relief to a victim

Front 53

3 levels of crimes

Back 53

Felony- 1year/$1000 or more
Misdemeanor- 1year/$1000or less
Infraction-no jail time or small fine

Front 54

2 way a judge may rule

Back 54

Dispute resolution, backward thinking.
Rule creation, foward looking.

Front 55

Fatal flaw

Back 55

Assuming the judge has most of the power, when the District Attorney (prosecutor) has most of the power.

Front 56

4 factors encouraging plea-bargaining

Back 56

1.penalty range?
2.Court congestion
3.Unpredictable juries
4.Technicalities

Front 57

Elk Grove Case (2004)

Back 57

Dismissed suit challenging the establishment clause in the pledge of allegiance

Front 58

1938 Federal Rules of Civil Procedure

Back 58

Body of rules that govern federal judicial procedure

Front 59

Justiciability

Back 59

The question, is this this fit for judicial resolution?

Front 60

The law of standing (3 criterion)

Back 60

Plaintiff must: 1.Demonstrate clash of interests 2. Show that interest to be legally protected 3.Show that interest to be a personal one.

Front 61

Mootness of a case

Back 61

If a case is moot, it not definite or concrete

Front 62

Ripeness of a case

Back 62

If a case is ripe, it is new enough for deciding on

Front 63

Political question doctrine

Back 63

The courts shall not answer a question that is political or interfering with legislating.

Front 64

Judicial architecture

Back 64

Organization of courts, budgeting, rule-making, et cettera.

Front 65

Jacksonian Movement

Back 65

Goal-oriented towards a more responsive government.

Front 66

Progressive movement

Back 66

Influenced judicial selection through non-party elections. Then led to Merit systems, ( as seen in Missouri systems)

Front 67

Chicago School of thought

Back 67

Conservative body focused on corporate protectionism, states rights, and law&order.

Front 68

Class action suit (3)

Back 68

1. A group of similarly situated plaintiffs
2.Judge determines if all persons are apart of the class.
3.Used if one of the plaintiff dies but the group still seeks justice.

Front 69

Amicus curia Brief

Back 69

A brief written by an external group or lawyer on particular case with permission from the courts or one of the parties.

Front 70

Sovereign Immunity and its exceptions

Back 70

11th Amendment protecting states from being sued.
Exceptions:1,Governmental contracts 2. Government officials may held liable only if they acted without authorizations.