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authority for execution( carry into effect) of the laws
In the federal government executive authority derives from the president |
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established in article 1 of the U.S. Constitution, has the authority to pass laws
In the federal government the legislative authority rests in congress |
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established in Article III of the constitution-- the court system
In federal government, judicial authority rests in the Supreme Court, and whatever lower federal counts congress may establish |
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| The first ten amendments to the U.S. Constitution |
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| law that is enacted into statue by a legislative body |
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| The legal authority of the U.S. government is subject to a system of checks and balances that is exercised by executive, legislative, and judicial branches |
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Checks and Balances
The system of checks and balances is an important part of the Constitution. With checks and balances, each of the three branches of government can limit the powers of the others. This way, no one branch becomes too powerful. Each branch “checks” the power of the other branches to make sure that the power is balanced between them |
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the doctrine under which the judiciary is the final interpreter of the constitutionality of executive and legislative actions.
First established in Marbury v. Madison |
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| Issued by courts to command lower courts or government officials to perform specific actions |
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| Article VI, paragraph 2, of the U.S. Constitution mandates that federal law is supreme whenever a conflict arises between federal and state law |
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| The U.S. Supreme Court first exercised its authority to strike down acts of Congress through its broad powers of judicial review in Marbury v. Madison |
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| law that represents the precedent set by courts in past decisions |
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| the legal doctrine that judges are bound to follow the decisions of past courts, or precedent, in deciding similar cases |
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| cases that establish new legal principles |
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allows courts to determine the best course of action in resolving a dispute-- fills the gaps between new statutes and old cases
Modern U.S. courts are a unified system, with access to both equitable and legal remedies
Courts were able to grant equitable remedies, which require the parties to perform, or refrain from, certain actions rather than simply requirement a defendant to pay monetary damages |
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| just, based on fairness and not legal technicalities |
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| an equitable remedy that commands inaction, prohibiting the respondent from acting. |
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In a criminal trial, a defendant is any person accused (charged) of committing an offence (a crime), an act defined as punishable under criminal law. The other party to a criminal trial is usually a public prosecutor.
In a lawsuit, a defendant (or a respondent) is also the accused party, although not of an offence, but of a civil wrong (a tort or a breach of contract, for instance). The person who started the civil action through filing a complaint is referred to as the plaintiff. |
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| A plaintiff (Π in legal shorthand), also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). |
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| What does the bedrock law of equity say? |
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| Equity law allows a court to create a just and fair remedy to resolve a civil dispute in circumstances where common law or statue does not apply |
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presidents directions to the executive branch as to how it should execute the law.
Many executive orders carry the force of statutory law by congressional consent |
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law that derives authority by being part of the regulation set out by executive agencies-- Such as the FCC, FTC
Regulate Business and media interest |
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| Bedrock law regarding federal agencies? |
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| Federal agencies have the legal powers that include drafting rules, enforcing them and deciding appeals to their enforcement |
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| body of law that defines conduct that is prohibited and punished by the state |
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| the body of law that regulates disputes between private parties |
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| threshold of certainty that a party in court must meet to prove a matter in dispute |
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| Beyond a Reasonable Doubt |
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| burden of proof in a criminal case |
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| Preponderance of evidence |
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| the burden of proof in civil cases |
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| in a civil trial, the party bringing the action |
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| the money awarded to the plaintiff in a civil suit, to be paid by the defendant |
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| a formal accusation that a person has committed a felony or serious crime. After a grand jury hearing, the grand jury issues either a true bill, in which case the person is charged,or a no bill, in which case the person is not charged |
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| requirement to apprise( tell or inform) suspects of their rights arose out of the 1966 case Miranda v. Arizona |
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| Pre-trial phase in which each party is entitied to request and gain access to evidence possessed by the other side |
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| Out of court sworn oral testimony that is transcribed for use at trial |
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| A hearing where formal charges are read against a criminal defendant and the defendant is expected to enter a plea |
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| a plea entered by the defendant in a criminal proceeding, which admits neither guilt nor innocence, but does not contest the charge |
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| The pre-trial process of jury section |
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| Moving a trial to a different geographic location |
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| Importing jurors from a different geographical location |
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| Postpones proceedings until a later date |
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| A challenge to a juror in voire dire that is not for cause. Most jurisdictions afford attorneys one or more "strikes" without giving a reason for striking the names |
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| Error found by an appellate court to have occurred at trial that sufficiently prejudiced the outcome to warrant reversal |
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| error found by an appellate court to have occurred at trial that sufficiently prejudiced the outcome to warrant reversal |
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| a vacated judgement/ or remanded voids a previous judgement |
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| A higher appellate court may send back, or remand, a case to a lower court for some subsequent action |
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| From the Latin "break" a tort is a civil wrong that involves the breach of a duty to someone else, resulting in foreseeable harm |
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| the responding part in a legal proceeding particularly in appellate proceedings or proceedings initiated by petition |
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| The accused in a criminal legal proceeding, or responding party in a civil proceeding initiated by complaint |
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A motion that challenges the legal sufficiency of a claim set forth in a filling by an opposing party
Law A method of objecting that admits the facts of the opponent's argument but denies that they sustain the pleading based upon them |
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| a final judgement for one party without trial when a court finds either no material fact is in dispute, or when the law alone clearly established one party's claim |
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| a final judgement for one party without trial when a court finds either no material fact is in dispute, or when the law alone clearly established one party's claim |
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| Written questions pertinent to the cause posed by attorneys for both sides in the discovery phase of a trial |
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| Compensary Damages- this is the monetary compensation designed to remedy the losses suffered by the plaintiff |
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| This type of damgage is not intended to make the plaintiff whole, but to act as an additional deterrent to the type of conduct the defendant engaged in |
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Latin " From the Beginning"
when an appellate court reviews a non-jury trial record, it may conduct the review de novo, meaning to look for error in the judge;s findings of fact, as well as matters of law |
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| a writ the U.S. Supreme Court issued to review a lower court's decision |
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| hears cases involving federal questions |
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| Justices agree with the result reached by the majority, but they think the majority's rationale is wrong, the justice may author a concurrence which agrees with the result but offers a different rationale |
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indicates the winning party but does not explain why.
In such cases, the Supreme Court may be suggesting that precedent should stand and there is no special significance to that case |
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| A decision rendered with an opinion, but not signed. This type of ruling is "by the Court" as a whole. |
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| Refers to public property that is open for expression and assembly, such as streets, sidewalks,and parks. Public forums have strong First Amendment protection. |
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| speech is more that just words. Actions or symbols can also be considered speech protected by the First Amendment |
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| allows students freedom of expression on school grounds unless it poses a material, substantial disruption to education |
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Schools cannot restrict symbolic speech unless it causes a substantial material disruption
The desire of school officials to avoid the unpleasantness of an unpopular or controversial view is not enough, without substantial disruption |
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| allows restrictions of speech when " the manner of expression is basically incompatible with the normal activity of a particular place at a particular time" |
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The highest standard of scrutiny courts apply when reviewing laws. Strict scrutiny requires the law
1) serve a compelling government interest
2) be narrowly tailored to achieving the goal
3) use the least restrictive means to do so |
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| Content-based restrictions |
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Something in the actual message is considered to be inflammatory in nature that it is a danger to personal reputation, privacy, and the public order, and the rule regarding theses harms.
content-based restrictions do not apply equally to all speech, but only restrict certain speech content. Content-based restrictions are subject to strict scrutiny |
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| Content-neutral restirctions |
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