Polisci 2 Test 3 Court Cases and Definitions
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- Legal system based on the accumulated rulings of judges over time and applied uniformly
- the origin is unknown
- origin is more than 1000 years old
What is the civil law system?
- judge's role is the fact finder
- judge works within a strict framework of rules
defines specific rights and duties
how rights and duties are enforced
- body of law that defines offenses against the community at large
- main purpose is punishment
Main Purpose of civil law
Redress wrongs through compensation
Federal Courts Jurisdiction
- Federal courts can only try constitutional cases
- federal law policies between US and other countries,
- and cases between states
Judges have limited power and certain cases because of Constitution or federal law
Which types of cases?
- Supreme court has power to hear cases first before any other courts can review them
- Cases include: ambassadors, consuls, or public officials
Supreme court has jurisdiction over all other cases not part of the original jurisdiction
court of original jurisdiction for evidences first received and considered
Federal Trial Court is called?
Define Civil Law
Law imposed by the state
when you lose a case in front of a 3 judge panel you can argue to have the case reviewed by all judges in circuit (30-judge panel)
What considerations must be taken into account in regards to merit when president wants to appoint a supreme court justice?
Intelligence, character, background
What considerations must be taken into account in regards to reward when president wants to appoint a supreme court justice?
- many supreme court justices are friends of president
- or they know president, are political allies etc.
What considerations must be taken into account in regards to representation when president wants to appoint a supreme court justice?
- appoint judges to represent an unrepresented group
- or to win support from a particular group
Zelman V Simon-Harris
- Facts: providing education assistance to a failing public school system
- Holding: No establishment clause violation, it was used for valid secular purposes, any type of school could participate
Engle v Vitale
- Facts: Ny state board of regions drafted a prayer that would be recited at beginning of every school day
- Holding: government doesnt have authority to prescribe prayer
Employment division v. Smith
- Facts: state employee fired because tested positive for drugs, claimed it was for religious purposes
- Holding: Does not violate Free exercise clause
Church of Lukumbi
pruposeful interference with religion is considered a violation of Free exercise clause
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