Lgs 2012 Test Ii Flashcards

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Marbury v. Madison

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Case that established judicial review. Marbury brought suit in the USSC to compel the Jefferson administration to delivery his commission to be appointed JOP. The Court ruled the portion of the 1789 Judiciary Act was unconstitutional because it unlawfully enlarged USSC original jurisdiction.

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Brown v. Board of Education

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Declared segregation of public schools as a violation of the 14th Amendment equal protection clause because because despite the "objective" equality of the black and white schools, segregation promotes intangible inequalities, such as perceptions of racial inferiority.

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McCulloch v. Maryland

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Strengthened the federal Supremacy Clause by establishing the right of the federal government to incorporate the Second Bank of the United States and invalidating Maryland's state taxation of the bank.

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Gibbons v. Ogden

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Strengthened the federal Supremacy Clause by invalidating New York's steamboat licensing as a intrusion on the federal right to regulate interstate commerce.

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Ex parte Milligan

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Invalidated Milligan's conviction by a military commission for alleged acts of disloyalty during the Civil War the Court; the Court held that trials of civilians by presidentially created military commissions are unconstitutional. Martial law cannot exist where the civil courts are operating.

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The Granger Cases

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Upheld the expansive ability of the states to regulate railroad rates, forming the basis for government regulation of the private business in the public interest.

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NLRB v. Jones & Laughlin Steel Corp.

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Upheld the constitutionality of the National Labor Relations Act of 1935, which penalized corporations engaging in interstate commerce that "refused to confer and negotiate" with their workers.

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United States v. Nixon

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Invalidated Nixon's "executive privilege" argument and compelled the disclosure of the White House tapes to be used in the prosecution of his aides in Watergate.

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Baker v. Carr

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"Political Questions" doctrine case that ruled that legislative apportionment was a justiciable issue.

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Charles River Bridge v. Warren Bridge

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Balanced the rights of the private property against the need for economic development by prioritizing community interest; the Court dismissed the charge that the construction of a free bridge breached the contract state and the owner of a toll bridge.

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Trial Court

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A court of general jurisdiction authorized to hear any type of civil or criminal case.

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Appellate Court

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A court that is empowered to hear an appeal of a trial court.

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Supreme Courts

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The highest judicial body within that jurisdiction's court system, whose rulings are not subject to further review by another court.

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Jurisdiction

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The practical authority granted to a formally constituted legal body.

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Criminal case

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A case brought by the government against an individual accused of committing a crime.

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Civil case

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A lawsuit is between two or more individuals or corporations involved in a dispute and usually seeking a judgment awarding monetary damages.

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Jurisprudence

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Jurisprudence is the theory and philosophy of law.

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Legal Positivism

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Holds that there is no necessary connection between law and morality and that the force of law comes from some basic social facts.

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Natural law

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The idea that there are rational objective limits to the power of legislative rulers. The foundations of law are accessible through human reason and it is from these laws of nature that human created laws gain whatever force they have.

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Legal Realism

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Based on the indeterminacy of law, interdisciplinary nature of law, and legal instumentalism (the view that the law should be used as a tool to achieve social purposes and to balance competing societal interests).

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Sociological jurisprudence

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Developed by Roscoe Pound, it posits that in modern societies the law represents the principal means through which divergent interests are brought into some sort of alignment with one another.

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Feminist legal theory

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Based on the belief that the law has been instrumental in women's historical subordination. The project of feminist legal theory is twofold. First, feminist jurisprudence seeks to explain ways in which the law played a role in women's former subordinate status. Second, feminist legal theory is dedicated to changing women's status through a reworking of the law and its approach to gender.

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Four Categories of Law

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1. Administrative
2. Ordinance
3. Common
4 .Statutory

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Common law

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Common law is law developed by judges through decisions of courts and similar tribunals (also called case law), rather than through legislative statutes or executive branch action.

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Civil law

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Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals and/or organizations, in which compensation may be awarded to the victim.

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Doctrine of precedent

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The courts are bound (within prescribed limits) by prior decisions of superior courts.