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38 Cards in this Set
- Front
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Courts are distinct from the legislative and executive branches, the courts are interconnected with every aspect of america politics. below lists how the courts interact with the different branches of government. |
The supreme court interprets the constitution and applies their interpretation to the case outcome.
Federalism-the united states has a federal form of government, that is power is divided between the state governments and the national government. the supreme court often has to decide cases between federal vs state conflicts.
the executive branch—-state and local executives also use the courts to advance their policy objectives
the legislature---legislatures sometimes find themselves unhappy with the interpretation of their laws made by courts, responsible for passing laws that the courts will apply, lilgislatures often do so without regard for the unintended consequences for the legal system.
elections——not only for courts influence elections, but the opposite is also true, elections affect the judiciary. |
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Continued. Courts are distinct from the legislative and executive branches, the courts are interconnected with every aspect of america politics. below lists how the courts interact with the different branches of government. |
political parties—-often judges are elected based on what party they are in.
interest groups——often judges will decide cases based on their personal interests.
public opinion—-the jury provides a direct link between the courts and public opinion, to some the jury is the most democratic of institutions, allowing ordinary citizens to pass judgements on their peers.
the media—-plays a role as its how american citizens see the cases, it often can play a role in selecting the jurors. |
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the three rings of law and the legal system the inner ring*(courts, legislatures) |
—the inner ring of the american legal system consists of the intuitions of law and courts. Law is a body of rules, enacted by public officials in a legitimate manner and backed by the force of the state. courts are institutions in which judges and juries resolve problems based on law. Today legislatures are the principle lawgivers, They pass laws setting forth broad public polices. courts in the united states do not interpret the law enacted by the other two branches of government:the courts also make law; their are more then 17,000 courts in america. |
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the three rings of law and the legal system the middle ring, interpreters of the law (lawyers, judges) |
the middle ring of the legal system consists of interpreters of the law, who serve as gatekeepers between the institutions of law and consumers of the law. lawyers interpret the law to their clients. Judges are societies authoritative interpreters of the law. |
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the three rings of law and the legal system the outer ring (consumers of the law) |
-the courts require the presence of literally thousands of citizens to perform a variety of important roles. some consumers initiate action. by calling the police of filing a lawsuit, they provide the materials for courts. some of the consumers of law are individual citizens who sue because they have been injured in an automobile accident or the like. |
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What is law |
law is a body of rules enacted by public officials in a legitimate manner and backed by the force of the state. First law is a body of rules governing the relationships between members of society. These rules and regulations provide predictability. Second rules are enacted by public officials thus law is connected with the government. Third law must be enacted by public officials in a legitimate manner. Fourth law is backed by the force of the state. Law must be obeyed. |
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Civil law |
also referred to as roman law, its the oldest family of law, Civil law is a compilation of laws in writing. Civil law is contrasted with common law, which is a compilation of judicial opinions. These writings of law are referred to as code, the code serves as a source of law that provides answers for all disputes.
The law determining private rights and liabilities, as opposed to criminal law and other public law. |
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what differentness civil law from common law |
1. judges, not lawyers dominate the hearings, thus judges call witnesses and question them 2. judges are career burecauats who have not been practicing lawyers 3. juries are not used, rather mixed tribunals consisting of both judges and lay citizens are used, but only for serious crimes. |
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Socialist law |
this form of law came from the soviet union following the Russian revolution. It was invented by Karl Marx. |
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what differentness socialist law |
1. it rejects the common law, rather law is deemed the arbitrary work of an autocratic sovereign 2. the primary goal of socialist law is the protection of the state 3. law has an educational role, meaning crime is viewed as a failure of the state not the citizen. |
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Islamic law |
what is the most distinct is is how region dominates law as well. |
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what differentiates islamic law from others |
1. judges undergo religious as well as legal training 2. lawyers do not assert independence from the legal system of the government 3. juries are not allowed. |
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Common Law |
is america law, it traces it roots back to england, the law was common throughout the land. meaning special law is opposed. common law is a hard and limited law. Equity shows how the law emerged gradually.
Common-law courts base their decisions on prior judicial pronouncements rather than on legislativeenactments |
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key characteristics of common law |
1. judge made laws, common laws most distinctive feature is the development of a system of law from judicial decisions on a case by case basis. the judges formulated most of the rules of the law as they alter laws by case being know as precedent laws. 2. precedent is a previous court decision that serves as authority for a similar later case. the reliance on precedent is a central to the common laws approach to problem solving. it provides stability, coherence and predicability. 3. unmodified rules and regulations, there is no one place where an individual can find an official statement of the whole of the law or even a major portion of it. |
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Multiple sources of law—-were does the source of law come from |
1. constitution, this is the top form of law its what establishes the principles of what all laws must abide by. 2. statutes, are the second rung of law these laws are enacted by local units of government is commonly called a municipal ordinance. 3. Administrative regulations, this is legislative bodies delegate rule making authority to a host of governmental bureaucracies variously called agencies, boards, commissions or departments. at all levels of government (federal, state and local) administrations agencies are authorized to issue specific rules and regulations. An example would be the IRS cooperation who can make up their on laws. |
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the family of Court organization, there are three concepts, 1. jurisdiction 2. dual court 3. trial versus appellate court |
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jurisdiction |
is the power of a court to decide a dispute. a courts jurisdiction can be put into different categories 1. geographical jurisdiction (courts are authorized to hear and decide disputes arising within a specified geographical jurisdiction. there are two principles that arise from geographical jurisdiction, one is events that occur on or near a border of a courts jurisdiction. this may lead to who has jurisdiction over that case. secondly a person committing a crime in one state may be arrested in another state. this is when extradition involves the surrender by one state to the other. |
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Dual court system |
america has a dual court system, one national court system and a separate court system in each of the fifty states. you will fine a federal court in every state |
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trial and appellate courts |
all cases start at a trial court in a criminal case the trial court arranges the defendant sets bail, conducts a trail and imposes a sentence. The losing party in a trail court has the right to request an appellate court to review the case. the primary function of the appellate court is to ensure that the trial court correctly interpreted and applied the law. Appellate courts and trial courts operate very differently because their roles are not the same. in appellate courts their are no witnesses and no juries. the principle difference between a trial and appeal is that center on determining the facts, whereas an appeal focuses on correctly interpreting the law. this distinction is not absolute, however. Fact finding in the trail courts is guided by law, and appellate courts are sensitive to the facts of the case. |
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History of the courts the judiciary act of 1789 |
article 3 of the U.S. constitution and the judiciary act of 1789 has to do with the courts structure. the judiciary act of 1789———-this act of of 1789 which laid the foundation for the current U.S. national judicial system by creating a complex three-tier system of federal courts. In at least three ways the organization of federal judiciary supported the states interests. 1. the boundaries of the district courts were drawn along state lines, no district encompassed more then one state. 2. ensure that federal district judges would be residents of their districts. although nominated by the president, district judges were to be local residents approved by the senators. 3. the act gave the lower federal courts only limited jurisdiction. the federalists wanted the full range of federal jurisdiction granted by the constitution. |
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Court of appeals act of 1891 |
some historians have viewed the creation of the court of appeals as a response to increased federal litigation resulting from a rapidly expanding population and the growth of business following the civil war. The landmark court of appeals act of 1891 represented the climatic victory of the nationalists interests. the law created nine courts know as the circuit courts. most of the appeals of trail decisions went to the circuit court of appeals, although in some instances the act allowed direct review by the supreme court in short the creation of the circuit courts of appeals released the high court from hearing many types of petty cases. |
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The united states district courts |
-the current court system has 94 district courts, there is at least one district court in each state. with none crossing into other state lines. |
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caseload of the U.S. district courts |
the district courts are the trial courts for all major violations of federal criminal law. for many years federal prosecutions remained fairly constant only to shoot up dramatically in 1980 because of drug related court cases. |
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Diversity jurisdiction |
Diversity jurisdiction—-diversity of citizenship cases involve suits between citizens of different states or between a U.S. citizen and a foreign country of citizen. for example a Californian claims to be injured in a accident in Illinois and sues the court in Illinois. because the suit were of diverse citizenship. The diversity jurisdiction must also be over $75,000 to warrant the diversity jurisdiction.
this is so one persons home state court doesnt show favoritism. |
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The three levels of courts that rank from low power to highest power. 1. trial courts of limited jurisdiction (lower courts) 2. courts of general jurisdiction, major trial courts (second level court) 3. courts of last resort (third level and highest court) supreme courts |
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Trial courts of limited jurisdiction:lower courts (first level court) |
hey consist of 85% of the judicial body and staffed by 18,000 people. they hear criminal cases and can only impose a maximum fine of $1,000 and one year in jail. cases involve minor things such as shoplifting and misdemeanors. civil cases, such as domestic relations |
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the courts of general jurisdiction, major trial courts (second level court) |
federal criminal cases involve white collar crime. whereas state courts decide primary street crimes. the public associates felonies with crimes of violence. Most criminal cases 77% do not go to trial because the defendant pleads guilty. Civil cases in major courts outnumber criminal cases two to one. the there most common types of cases filed in major courts are 1. domestic cases of divorce, child custody 2. estate cases 3. personal injury cases. |
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courts of last resort (third level and highest court) supreme courts |
the judges vary from five to nine, the most common number is seven. all judges here the case and are present. it hears primarily discretionary jurisdiction much like the U.S. supreme court, it selects a small number of cases to hear. |
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Juvenile courts |
were the product of the progressive movement—-turn of the century. middle class reformers who were concerned with the problems associated with growing urbanization.The progressives sought to use the power of the state to save children from a life of crime. creating a separate justice system. Its legalized by the state as a parent allows the state to intervene to protect a childs welfare. In most states a child is a juvenile until the age of 18 but in some it 17 or 16. |
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Juvenile courts---Delinquency definition |
Delinquency is a violation of a criminal law that would be a crime if the act were committed by an adult. common examples include theft, burglary, sale of drugs. a child found to be a delinquent may be placed on prohibition. |
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Juvenile court---status offense definition |
Status offenses involve acts only illegal for juveniles such as alcohol, running away from home. juvenile courts also involve child neglect cases. juvenile courts use to methods to decide the best interests for a child. 1. the best interests of the child 2. best interests of the community. juvenilia also have the right to counsel. |
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Judicial selection process, three methods 1. merit selection 2. appointment 3. election |
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merit selection |
Merit selection is a way of choosing judges that uses a nonpartisan commission of lawyers and non-lawyers to locate, recruit, investigate, and evaluate applicants for judgeships. The commission then submits the names of the most highly qualified applicants (usually three) to the appointing authority (usually the governor), who must make a final selection from the list. For subsequent terms of office, judges are evaluated for retention either by a commission or by the voters in an uncontested election. |
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Appointment |
comes in various forms. It is conceivable that an appointive system could be what some observers call “one-person judicial selection” – in other words, a chief executive, such as a governor, county executive, or mayor, is granted the power to decide whom to appoint to the bench. |
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election |
of course, is just what it sounds like: Candidates run in partisan campaigns, and the voters choose their judges in ordinary elections. |
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federalist 78 paper |
This section of six chapters deals with the proposed structure of federal courts, their powers and jurisdiction, the method of appointing judges, and related matters. As to tenure, the Constitution proposed that they should hold office "during good behavior, To perform its functions well, the judiciary had to remain "truly distinct" from both the legislative and executive branches of the government, and act as a check on both.Hamilton called it a "perplexity," as well he might — about the rights of the courts to declare a legislative act null and void if, in the court's opinion, it violated the Constitution. |
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Anti-federalist paper's |
The supreme court under this constitution would be exalted above all other power in the government, and subject to no control. The judges in England, it is true, hold their offices during their good behavior, but then their determinations are subject to correction by the house of lords; and their power is by no means so extensive as that of the proposed supreme court of the union. . . . But the judges under this constitution will control the legislature, this court will be authorized to decide upon the meaning of the constitution; and that, not only according to the natural and obvious meaning of the words |
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What do lawyers do |
litigating---“litigators” or “trial lawyers,” represent plaintiffs and defendants in civil cases and manage all phases of the litigation process from investigation, pleadings and discovery to pre-trial, trial, settlement and appeal. representing--the client in court negotiating--Negotiation is a process where two or more parties attempt to reach an agreement. Negotiations typically involve the parties exchanging something they have with something they want. The exchange doesn’t have to involve physical objects; services or statuses can be obtained or surrendered just as readily. Negotiations can be used in all fields of the law to resolve a dispute. , drafting documents--seeing if the case as merit. , counseling clients---telling the truth of the matter, if they can win or lose the case. |
