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39 Cards in this Set
- Front
- Back
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Junk Lawsuits
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Law suits which are bias against small business in civil litigation. Page 260
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Alternative Dispute Resolution
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Alternative methods in handling trials or cases Page 271
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Law of the land
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As a law higher than human Outline 7
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Federalist #78
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Alexander Hamilton argued judicial review is essential to prevent legislative oppression. Outline 7
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Federalist #44
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Madison argues some level of judicial review Outline 7
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De novo
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Reconsidering evidence in fresh light during appeals Page 282
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En banc
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When all judges convene to make a ruling Page 282
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Deep split
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When several lower courts disagree on an issue requiring SCOTUS intervention Page 283
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Bench memorandum
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Detailed memo of a case outlining facts and legal issues Page 286
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Shepardizing
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Checking the validity of legal citations Page 291
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Attitudinal model
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Decision of court is based on ideology and policy preference Page 299
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Legal model of ruling
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Decision of court based on the law Page 299
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New institutionalism
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Studies of political jurisprudence that embraces several fields of study (history, sociology, et cettera Page 303)
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Strategic choice theory
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Judges imposing personal ideology though channeling it through legal interpretation (Page 304)
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Reasoning by example
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While the current case is similar to a prior case, the judge attempts to find similarities or differences in the cases. Page 306
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Reasoning by analogy
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Reasoning legal principle from past cases onto the current case Page 306
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Non-delegation doctrine
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Prohibiting re-delegation by congress Page 313
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Judicial policy-making (3)
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1.Unprincipled decision 2.making policy exceeding judicial capacity/competence 3.It is legislating from the bench (Page325)
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Equity lawsuits
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Pushed for elimination of wealth disparity by equalizing district resources Page 326
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Adequacy lawsuits
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Sought equal academic opportunities Page 326
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Undue burden test
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Applied to abortion cases, "is the state placing an undue burden on the women" Page 332
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Judicial impact
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How court rulings impact society Page 341
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Judicial implementation
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How court decisions are enforced by government page 341
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Judicial compliance
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Are judicial policies being followed? Page 341
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Internal restraints on judicial power
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Originate from personal value of judges Page 345
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External restraints on judicial power
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Originate from separation of powers Page 346
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Legislative restraints on judicial power
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1.Amend the constitution 2.Change court size or jurisdiction 3.Overturning decisions through legislation 4.Ignore judicial rulings Page 346
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Executive restraints on judicial power
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Filling judicial vacancies Page 351
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Liberty
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An individual should have the freedom to do as much as they like Page 2
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Convention
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Rules that have evolved and become established Page 23
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13th Amendment
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Outlaws slavery
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1866 Civil Rights Act
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Guaranteeing former slaves the right to enter into contracts. Outline 9
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Freedman's bureau
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Tax funded bureau supplying food, health care, and assistance for free slaves.Outline 9
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14th Amendment
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1.Americans before state-sians
2.Priveledges & imunities, due process, and equal protection 3.Attempt to constitutionalize 1866 CRA |
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15th Amendment, 1870,71,75 CRA
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Assured equal rights to blacks
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Slaughterhouse cases
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Broadened state citizenship weakening the PI Clause. Outline 9
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Civil rights cases 1883
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Uses the 14th amendment to outlaw only state regulated segregation not private (hotels, theaters, etc.) Outline 9
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San Mateo County v. Southern Pacific RR
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Differentiated "persons" and "people" in the constitution to mean corporations and not just people. Outline 9
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Plessy v. Ferguson
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1. Legal segregation in the south
2.Excluded blacks from political process. 3.Blacks were shortchanged public services (education) |
