Term
The structure of the federal court system: |
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Definition
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The jurisdiction of the U.S. courts: |
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| The power to hear and rule in a case. Usually involves subject matter or geography. |
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How federal judges are selected: |
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| Nominated by president, confirmed by 2/3 votes of the senate |
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The structure of the Colorado court system: |
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Definition
| Colorado Supreme Court → Colorado Court of Appeals → Colorado District Court (trial court) → Colorado County Court (trial court) |
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| Jurisdiction of county courts |
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Definition
- Civil cases under $15,000
-Traffic Violations
-Decisions can be appealed to district court |
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| Jurisdiction of District Court |
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Definition
-Civil cases in any amount
-Criminal Cases
-Appeals for county courts |
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Term
Jurisdiction of Appellate Courts
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Definition
-22 Judges serve 8-year terms
-Sit in three member panels or "divisions"
-Hears appeals from CO district courts
-Typically 3 Judges
-anything under review, supreme court hears |
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| Jurisdiciton of Colorado Supreme Court |
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Definition
-Seven Justices who serve ten-year terms
-Reviews decisions by Court of Appeals
-64% cases are reviews of Court of Appeals decisions
-3 judges must agree to hear appeal |
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How Colorado judges are selected: |
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Definition
| Panel who recommends three judges to governor, he appoints them for 1st term then they stand for reelection |
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Term
Where cases should be filed and issues related to choice of courts: |
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Definition
• Civil Case < $15,000: State County Court
• Civil Cases + $15,000: State District Court
• Choice of State District Court or Federal District Court = diversity of citizen action amount + $75,000 or duel citizenship either
• (specific for state or federal, which court we’re in and why) |
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The theory underlying and the operation of the appellate system |
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Definition
| Decides questions of law and set precedent for all of lower courts within their jurisdiction |
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Term
What an appellate court can and cannot do: |
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Definition
• Decide questions of law, not fact
• Affirm or uphold the lower court’s decision – noreversible error
• Reverse and remand for a new trial in accordance with the appellate court’s decision (send back down to trial court and they have new trial)
• Straight reversal- no need for further action |
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Term
The three elements required for the U.S. Supreme Court to review a state court decision. |
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Definition
1. The case involved a substantial federal issue
2. The Federal issue is crucial to the decision
3. The party seeking review has exhausted all state remedies |
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Term
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"Judge Made" or "Discovered" Law. Law for the commoners, resultis in a body of court decisions on a particular legal question
-Each state has its own common law, but similarities state to state
-Ex: libel and invasion of privacy |
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Definition
| An established rule of law created by a previous court decision or an earlier case furnishing the rule of law that is binding on the disposition of the current case |
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| "Let the decision stand". The theory of following precedent |
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Using principles of fairness rather than precedent. Supplements common law
-Extraordinary Writs,(Habeus corpus(you may have the body), injunctions, restraining orders, mandamus)
-Acting as an equity court, a court will issue an injunction against a publication
-Violating a court order can lead to severe punishment |
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Definition
popularly elected bodies enact laws for common good.
• Federal Law: copyright, advertising, broadcasting, FOIA
• State Law: libel, shield laws, access laws
• Local ordinances: sign regulations |
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U.S. Constitution. Supreme Law of the land. Other laws must be consistent with the U.S. Constitution.
• Provide a plan for the establishment and organization of government
• Outline duties, responsibilities and powers of various elements or “branches” of government
• Individual rights outlined in Bill of Rights, first 10 Amendments to the Constitution |
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| U.S. Constitution contains... |
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Definition
• Preamble
• 7 Articles
• 27 Amendments |
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Term
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| Encated by municipalities |
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Definition
Law made by regulatory agencies to deal with complex, technical issues.
• FCC, FEC, FTC, FDA, SEC and Copyright Officer are federal regulatory agencies
• Idea is that apolitical experts are needed to regulate certain fields
• Quasi-Legislative: pass laws
• Quasi-Executive: Enforce laws
• Quasi-Judicial: adjudicate disputes
• Legislative Branch: has control through enabling legislation
• Executive branch: appointments
• Judicial branch: review |
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