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16 Cards in this Set
- Front
- Back
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What are the 5 main sources of Law in each of the parallel systems (Fed & State)
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Constitution
Executive (executive orders) Legislative (statues) Judicial (common or case law) Adminsitrative (regulatory laws) |
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What are the 2 parallel Systems of Law
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Federal
State |
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What is a statue?
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Law established by a legislative body (Federal, State, or local)
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The source of court opinions comes from which branch of govt
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Judicial Branch
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What is common law or case law?
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Common or case law is developed by judges through their decisions/opinons of courts and law rather than through legislative statues or executive action
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Name the hierarchy of the Federal Court System (lowest to highest)
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U S District Courts (trial court)
U S Court of Appeals (11 circuits) U S Supreme Court |
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Name the hierarchy of the State Court System (lowest to highest
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Trial Court
Intermediate Appellete Court The State Supreme Court |
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What is a citation?
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Identifying information used to retrieve a document from a book, journal, etc
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What is a Writ of Certiorari?
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Decision of the Supreme Court to hear an appeal from a lower court
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2 main categories of legal research is...
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1) Question of Law
2) Question of Fact |
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What 2 questions starts the legal research?
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What is the jurisdiction
( Federal or State level) ? What law source is appropiate (common law or |
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What is the "default " law source
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Common or Case Law
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Questions of Fact are determined where?
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Trial court by juries who determine the facts of the case.
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What is the Reporter System?
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Publishes decisions made in the courts. Organized chronologically. Each court has its own Reporter series
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How is a Reporter Citation constructed?
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Case Name, Name of Reporter Series, Page #
i.e. Roe v Wade 410 US 113 |
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What are Federal Reporter System books called?
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Supreme Court= US Reports= U.S (abbrev)
Circuit Court= Federal Reporter= F/F2d/F3d District Court=Federal Supplement=F.Supp/F.Supp2ds |
