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| Precedent; compilaton of appellate reviews and written decisions |
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| Courts must follow established law within your jurisdiction |
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| Forerunner to Constituion; First steo to a King being bound by law |
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| Federal government overides state law; laws are valid until court throws it out; ex: Florida vs. Amtrak |
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| Opinion of court; concurring and dissenting |
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| Opinion by judge (no stare decisis value) who agrees with result but disagrees with reasoning |
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Holding: what is necessary for decision (stare decisis)
Dictum: Use to be persuasive (tangents, suppostitions, not binding and not stare decisis |
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| lawmaking by voters; if you have money you can get issue on ballot; WA and CA are poster children for initiatives |
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| written law by state and Federal legislatures |
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| Written law of local legislatures |
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| Compilations of Written Law |
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| ordinances and statutes make up codes |
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| expand decisional law/case law |
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| legal issues addressed in opinion; not part of common law |
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| 9 appointed judges; pick what cases it hears (85-110 a year); rule of 4-->discretionary jurisditcion and mandatory jurisdiction (if lower courts hold that act of Congress is unconstitutional) |
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| let each side present cases--> if right questions are asked and each side does job right, then truth will come out |
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| Dispense justice, Gate keeper, runs court, decides who wins (judge decides law, jury decided facts) |
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| public facilities where legal disputes are heard and decided; a place and a system; a part of a system (trial and appellate) |
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| Conduct initial proceedings in legal disputes |
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1)Determine Facts of Dispute
2)Determine what rules of Law should be applied to the facts
3)apply those rules to the facts
3) |
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| Private controversies between persons, usually about money |
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| Defendent found responsible in civil case |
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| Defendent found resopnsible in criminal case |
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| brought by government to determine whether an accused is guilty of an act committed against the public and in violation of a penal statute |
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| appeal to higher court; court recieves written briefs of appeal (**NOTE: civil cases do not go to highest court but death penalty cases always do) |
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1)Deny Appeal
2)Reverse Decision
3)Send back to court "to do it right this time" |
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| Refers to geogrpahic area within which a court has the right and power to operate in; (political boundaries, type of dispute and $ amount, persons and property) |
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| when both the Federal and State courts have the right to hear a case |
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| Right to use Federal Court |
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| Diversity of Citizenship and Situations in which parties of disputes are of different states |
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| Subject Matter Jurisdiction |
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| is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court has the authority to only hear bankruptcy cases. |
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| Limited Jurisditction vs. General Jurisdiction |
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| is the courts' jurisdiction only on certain types of cases vs. all cases |
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| a local place, within the geographical boundaries of a larger jurisdiction, where a case is most appropriately tried; a policy of closeness |
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| "Motion for a change in venue" |
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| court determines that it would be more convenient for the parties if the trial were held somewhere else |
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| courts "power over" a person |
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| sibjects non-resident defendents to local jurisdiction for wrongful activities they engage in while physically within a state |
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| empowers courts to declare rights against the world rather then the named defendent |
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| empowers courts to declare rights against the world rather then the named defendent |
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| Organization of State Court Systems |
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1)Trial Courts
2)Intermediate Appellate Courts
3)The Highest Courts |
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| invovles small sums of money (1K-17.5K); limited jurisdiction; Goal: to determine facts and apply law |
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| Right to a completely new trial hearing |
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| Diversity of Citizenship (under District Court) |
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| When both citizens are from different states or 1 is US citizen and 1 is foreign; amount is 75K+ |
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| Involves manner in which rights and duties are to be enforced |
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| defines duties, prohibits wrongs and establishes rights |
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| US Court of Appeals (Federal Appellate Courts) |
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| Review Decisions of district courts; 12 circuits |
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| Consists of US Constitution and statutes enacted by Congress |
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| consists of state constitutions and statutes enacted by state legislatures |
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| body of law regulating the rights and duties that exist between private persons |
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| includes constitutional, administrative, criminal and international law, all of which are more directly concerned with public rights and obligations |
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