Term
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Definition
Federalism is the division between governments.
State and Federal |
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Term
| What are the 4 sources of Law? |
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Definition
| The 4 sources of law are constitution, regulation, statutes, and case law. The Constitution has the greatest influence, followed by statutes, regulation and finally case law. |
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Term
| There are 2 forms of the Constitution. Which are the 2, and what is the purpose of them? |
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Definition
| There is a federal U.S. Constitution and a state constitution. The constitution is the structure and foundation of government and rights of citizens. It allocates power and defines power. It sets limits of power, and finally it enumerates basic rights of people. |
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Term
| The constitution was made by the framers of the united states. The founding fathers incorporated the ability to change the constituion in order for it to cope with ever changing times. How can the supreme court adjust the constitution to suit the needs of the people? |
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Definition
| The constitution can be changed with a super majority, a signature of the president, and 3/5 states (38/50). These changes are called amendments. |
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Term
| What are statutes, and how can they be changed? |
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Definition
Statutes are laws, similar to amendments, but require a simply majority from both houses of congress.
Changing a statute requires simple majority with another statute. |
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Term
| which is harder to change, the constitution or statutes? |
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Definition
| constitutional protection is alot harder to get rid of with 2/3 majority than simple majority (statutes). |
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Term
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Definition
| regulations describe a law in detail |
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Term
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Definition
| the 4th and least powerful aspect of the creation of laws. case law is also known as common law. case law resolves disputes between 2 parties in court. these outcomes set the precedent of future similar cases. |
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Term
| Stare precises means what? what is its importance? |
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Definition
| stare decisis means, "let the decision stand." it is the framework and building blocks of future cases. stare decisis creates confidence in the supreme court's ability to handle cases although. the lower courts must follow stare decisis. the supreme court has the ability to rule differently on similar cases only if there is special justification such as new evidence that proposes a different outcome. while predictable is very important in the judicial system, instability may result. |
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Term
how cases get to the court, jurisdiction and the routes of appeal.
what are 4 ways cases get to the court? |
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Definition
1. request for review under the court's original jursdiction.
2-4 (appelate routes)
2. appeals
3. certification
4. petitions for writs of certiorari |
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Term
| what are the 2 jurisdictions of the supreme court? describe their importance. |
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Definition
original jurisdiction
appellate jurisdiction
original jurisdiction is a small partof all the cases they hear because lower courts have authority over most cases meeting article III requirements. Most original jurisdiction cases involve 2 states suing for boundary.
appellate jurisdiction is the biggest reason. they are used usually for a review of a ruling. |
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Term
| describe the appellate jurisdiction in greater detail- what are the 3 ways a court can invoke appellate jurisdiction? |
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Definition
| the 3 ways to invoke the appellate jurisdiction are through a matter of right, certification, and certiorari. |
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Term
what is a matter of right?
what is the certification ?
what is certiorari? |
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Definition
the lower state court found a law to violate the u.s. constitution.
asks s.c. questions aimed at clarifying federal law.
asks for a record of the case. |
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