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Legislative and Judicial Process
Professor Shannon - Fall 2010 - FCSL
69
Law
Graduate
11/29/2010

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Cards

Term
Legal Process
Definition
Basic functions of each lawmaking body and its interactions with the others, and the process by which law is applied by the courts.
Term
Three Early Theories of Statutory Interpretation
Definition
Legislative Intent
Statutory Purpose
Plain Meaning
Term
Modern Standard of Statutory Interpetation
Definition
Textualism
Term
Griffin
Definition
look at the language/text of the statute to interpret.
Term
Ron Pair Enterprises, Inc.
Definition
Look at language of statute to interpret.
Term
Parts of Statute
Definition
Title, statement of purpose, definitions, statute
Term
Nix v. Hedden
Definition
unless there is an indication otherwise, use ordinary meaning of a word (tomato case)
Term
Us of Firearms Cases
Definition
Smith, Baily, and Watson
Term
#1 Extrinsic Source
Definition
Dictionaries
Term
Legislative History
Definition
Material generated during legislative process.
Term
Subsequent Legislative History
Definition
post-enactment history; not very legitimate
Term
Statutory History
Definition
how statute first appeared and how its been amended; very helpful/legitimate source
Term
Reenactments and Interpretation
Definition
Presume legislature is aware of interpretation and adopts it with reenactment
Term
EEOC v. Arabian American Oil, Co
Definition
Clear Statement Rule for extending statutes overseas
Term
Interpretation of Borrowed Statutes
Definition
Generally borrow interpretation
Term
Green v. Bock Laundry Machine Co.
Definition
Courts will interpret a statute in a (non-absurd) way that does least violence to the text.
Term
McBoyle v. United States
Definition
Must apply statute as it was made. (airplane v. motor vehicle)
Term
In re Blanchflower
Definition
Not the judiciary's job to provide for the present by extension of past legislation.
Term
Chevron Deference Test
Definition
(1) Has Congress spoken directly on the precise question at issue?
(2) Is the agency's answer based on a permissible construction of the statute?
If so, defer
Term
Skidmore Informal Adjudication Test
Definition
Factor Test; Examine
(1) The thoroughness of the agency's investigation
(2) The validity of its reasoning
(3) The consistency of its interpretation
(4) Other persuasive powers of the agency
Term
Meade Test
Definition
An administrative Implementation qualifies to undergo Chevron test if
(1) Congress delegated to the agency generally to make rules carrying force of law.
(2) Agency interpretation claiming deference was promulgated in exercise of that delegated authority.
Term
Modern Theories of Statutory Interpretation
Definition
Intentionalism
Purposivism
Textualism
Term
Bowen v. Georgetown University Hospital
Definition
Congressional enactments and administrative rules will not be construed to have retroactive effect unless their language expressly requires it.
Term
Landgraf v. USI Film Products
Definition
Steps to determine retroactive apllication
(1) See if the statute answers the retroactivity question
(2) Determine the effective date of the change.
(3) Determine the nature of the change
(4) Determine timing of the change
(5) If retroactive effect, do not apply unless statute clearly states
Term
Rivers v. Roadway Express, Inc.
Definition
A statute does not operate retroactively for a case on appeal in which the incidents happened before passage of the statute.
Term
Lindh v. Murphy
Definition
Change in habeas corpus law could not be applied to a case pending due to retroactive effect.
Term
What types of trials does Ex Post Facto limit in application of statute
Definition
Criminal
Term
What happens when conflict between two statutes?
Definition
later statute will take priority
Term
Fate of unconstitutional statutes
Definition
sever the unconstitutional part
Term
Ayotte v. Planned Parenthood
Definition
When a law is unconstitutional as applied, courts try to sever only the unconstitutional applications of the statute while leaving the rest in force.
Term
Plaut v. Spendthrift Farm, Inc.
Definition
Congress cannot reopen cases in which final judgment has been passed.
Term
Initiative
Definition
to enact new law/amend constitution
Term
referendum
Definition
to repeal law
Term
Adjudication
Definition
the process through which a court decides the case before it
Term
Parts of a judicial decision
Definition
syllabus/headnots, opinion, holding, decision
Term
holding
Definition
binding decision on a particular issue
Term
dicta
Definition
non binding statements that are not part of holding
Term
Judicial Estoppel
Definition
precludes a party from taking a position in a case which is contrary to a position they have taken in an earlier proceeding.
Term
Rooker v. Fidelity Trust Co
Definition
US District Ct has no jd over a suit where a final judgment has been rendered, after due hearing, by a state trial court with jurisdiction of the subject matter and parties, and affirmed by state supreme court. Only USSC can
Term
District Court of Columbia v. Feldman
Definition
US District Courts have no jd over challenges to state court decisions in particular cases arising out of judicial proceedings even if those challenges allege that the state court's action was unconstitutional.
Term
Vertical Stare Decisis
Definition
obligation of inferior courts to follow the holding of other courts in their system.
Term
Commissioner v. Bosh
Definition
any decision by a states highest court on state law is binding; however, if there is no decision by that court, then federal court can apply what they find to be the state law after giving proper regard to relevant rulings of other courts of the state.
Term
State law in federal court
Definition
federal courts must follow highest state court and SCOTUS
Term
Why deference to lower fed cts to state law?
Definition
closer in proximity to state may know more.
Term
In re Korean Air Lines Disaster
Definition
Although federal courts should strive to avoid conflicts, each should engage in an independent analysis. Binding precedent is set by SCOTUS and respective appellate court.
Term
Stare Decisis/Casey Factors
Definition
(1) Workability
(2) Reliance
(3) Remnant of Abandoned Doctrine
(4) Changed Facts
(5) Judicial Integrity
Term
Rodriguez de Quijas v. Shearson/American Express, Inc.
Definition
A lower court should apply the case that is most relevant to the situation at hand and leave it to the USSC to overturn its own decisions.
Term
Bonner v. City of Prichard
Definition
Newly created federal court has option of what precedent (if any) it wants to adopt. Adopted predecessor's for reliance and stability.
Term
Singleton v. Commissioner
Definition
Denial of writ means that less than 4 judges deemed it desirable to review a decision.
Term
United States Bancorp mortgage co
Definition
The Court has the authority to vacate a moot case. However, the court will not vacate a case that has become moot through settlement unless there are exceptional circumstances, not merely a settlement agreement that provides for vacature
Term
Roper v. Simmons
Definition
Ct used international law to determine that execution of minors is unconstitutional
Term
Graham v. Florida
Definition
International law used in determining that life in prison without parole for minors is unconstitutional
Term
Two types of dispute
Definition
factual and legal
Term
Two types of hearings
Definition
with and without oral arguments
Term
Day v. McDonough
Definition
federal courts have the discretion to dismiss petitions for untimeliness if the state does not raise the issue, as ling as they give petitioner notice and an opportunity to dispute.
Term
Greenlaw v. United States
Definition
cross-appeal rule: a remedy in favor of the appellee can only be justified if the appellee brings a cross-appeal
Term
Fed. R. Civ. P. 52
Definition
court needs to give reasons for its decisions with injunctions and non-jury trials
Term
Fed. R. Civ. P. 56(a)
Definition
the court should state on the record the reasons for its decisions
Term
Linkletter v. Walker
Definition
case was deemed not retroactive due to negative effects would have.
Term
Chevron Oil v. Huson
Definition
Decision not applied retroactively due to foreseeability
Term
Habeas Corpus Retroactive Decisions
Definition
retroactive unless "new", in which case does not change
Term
Retroactive decisions in civil
Definition
retroactive
Term
retroactive decisions in criminal
Definition
retroactive
Term
Rogers v. Tennessee
Definition
ex post fact is a limit on legislative actions. However there are some limits on ex post facto judicial decisionmaking
Term
Bouie v. City of Columbia
Definition
judicial alteration of a common law doctrine violates the principle of fair warning and must not be given retroactive effect only where it is unexpected and indefensible by refernce to the the law which had been expressed prior to conduct intime.
Term
Weisgram v. Marley Co
Definition
Appellate court may direct entry of judgment as a matter of law where evidence was erroneously admited at trial and that the remaining properly, admitted evidence is sufficient to constitute a submissible case.
Term
United States v. Locke
Definition
When nonconstitutional questions have not been passed on by the lower ct, the ussc can vacate the decision below and remand to be decided OR the court may answer itself
Term
Cheney v. US District Ct. for DC
Definition
recusal of judge is required if, by reason of actions of a justice, his impartiality might be reasonably be questioned.
Term
Caperton v. AT Massey Coal Co. Inc
Definition
Justices refusal to recuse himself constituted a threat to plaintiff's right to due process under 14th amendment.
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