153246
Description
Flashcards by alicialee07, updated more than 1 year ago
|
Created by alicialee07
over 11 years ago
|
|
| Question | Answer |
| Define: Stare Decisis | common law principle that courts follow decisions of higher level courts within the same jurisdiction. |
| What does the three-tiered structure of the federal court system consist of? (Hint: name the 3 tiers) | 1. United States Supreme Court 2. The United States Court of Appeals 3. The United States District Courts |
| Define: Jurisdiction | formal power of a court to exercise judicial authority over a particular matter; geographical or subject matter to which such authority applies. |
| True or False: Secondary authority is not itself law, and is never mandatory authority. | True |
| The American system is a "common law" or "civil" system? | Common law: relies heavily on court precedent in formal adjudications. |
| Describe a "civil law" system. | A system that relies less on court precedent and more on codes. |
| Fill in the Blank: The American Judicial System--A System based on advocacy and the presence of actual _______. | Controversy. |
| True or False: Unlike the federal courts, some states do allow for the presentation of cases that are not based on live controversies. | True |
| What are the thresholds that must be satisfied before a federal court will hear a case? (Hint: six) | 1. Standing 2. Finality 3. Exhaustion 4. Ripeness 5. Mootness 6. No Political Questions |
| What are the roles that a lawyer may play? | Counselor; Negotiator; Litigator |
| Who is the final arbiter of the law? | The Judge |
| What is a case? | The "opinion" written by the judges of an appellate court. |
| What are 3 things that must happen before we get an appellate opinion (a case)? | 1. someone must take a problem to court and go through the trial process 2. the outcome must be unsatisfactory to one of them 3. the appellate court must take, decide and write about the case |
| Why might someone not want to go to court? | inertia; poverty; ignorance |
Want to create your own Flashcards for free with GoConqr? Learn more.