Polisci 2 Test 3 Court Cases and Definitions

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Author:
Shandon
ID:
286493
Filename:
Polisci 2 Test 3 Court Cases and Definitions
Updated:
2014-10-22 15:44:55
Tags:
Judiciary
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Description:
Judiciary, Civil Liberties, Civil Rights
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  1. Common-law tradition
    • 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
  2. What is the civil law system?
    • judge's role is the fact finder
    • judge works within a strict framework of rules
  3. Substantive Law
    defines specific rights and duties
  4. Procedural law
    how rights and duties are enforced
  5. Criminal Law
    • body of law that defines offenses against the community at large
    • main purpose is punishment
  6. Main Purpose of civil law
    Redress wrongs through compensation
  7. Federal Courts Jurisdiction
    • Federal courts can only try constitutional cases
    • federal law policies between US and other countries,
    • and cases between states
  8. Limited Jurisdiction
    Judges have limited power and certain cases because of Constitution or federal law
  9. Original Jurisdiction
    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
  10. Appellate Jurisdiction
    Supreme court  has jurisdiction over all other cases not part of the original jurisdiction
  11. Trial Court
    court of original jurisdiction for evidences first received and considered
  12. Federal Trial Court is called?
    District court
  13. Define Civil Law
    Law imposed by the state
  14. "en banc"
    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)
  15. What considerations must be taken into account in regards to merit when president wants to appoint a supreme court justice?
    Intelligence, character, background
  16. 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.
  17. 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
  18. 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
  19. 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
  20. 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
  21. Church of Lukumbi
    pruposeful interference with religion is considered a violation of Free exercise clause

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