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22 Cards in this Set
- Front
- Back
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In England, what were the King's Courts?
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Had circuit judges and uneducated juries.
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In England, what were the Chancellor's Courts?
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An educated jedge decided everything. No jury.
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Who was William Blacksotne?
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Wrote Commentaries on the Laws of England (writeen between 1765 and 1769).
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Missouri has adopted English law up until what year? Why?
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1607. This was when Jamestown was founded.
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What is common law?
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judge-made law.
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What is legislative law?
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statues and constitutions
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What is administrative law?
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bureaucracy-made law.
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What is the doctrine that says precedents should be followed?
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stare decisis
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What is "dicta"?
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These gratuitous or collateral statements that weren't necessary for the court to make in heciding the case.
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What are conservative judges called?
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strict constructionists
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What are more liberal judges called?
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judicial activists.
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In summary, the U.S. Supreme Court binds every lower court, but the Supreme Court only deals with cases that involve United States Statutes or the U.S. Constitution and that have sufficient general significance.
Lower federal courts—Courts of Appeals and district courts—do not bind state courts on matters of either state law or federal law. State courts do bind lower federal courts on state law. |
study that shit
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What is the highest court in New York and Maryland?
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The Court of Appeals....these states have no state Supreme Court
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The First Amendment to the Constitution was passed in....
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1791
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What interpretation of Freedom of Speech did Blackstone favor?
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no limits, but legal damages.
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What model of interpretation of freedom of speech does the Supreme Court follow?
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some limits and legal damages.
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What did Marbury v. Vadison do?
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established judicial review.
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"A law repungant to the constitution is void"
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From what case is this quote?
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What does a writ of mandamus do?
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commands a public official to do his job
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What two types of cases does the Supreme Court have original jurisdiction over?
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cases affecting ambassadors and those where a state is aparty.
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A court must have what two kinds of jurisdiction?
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over the subject matter and the person
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What did Martin v. Hunter's Lessee (1816) decide?
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The U.S. Supreme Court can determine whether a decision of a state's highest court is constitutional.
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