these are the things that the people are allowed to start up.
what is federalism
what are the four levels of government?
decides which levels are the most Important (federal)
higher level always trumps when there is a contest
laws that are taken over by a higher level
local is ordnance
state level is statute
how many total congressional votes
how many electoral college votes does Washington get?
offense against the united states is code for a federal offense
what is law?
a body of rules of conduct prescribed by controlling authority and having binding legal force
action in equality
a civil trial held without a jury when relief sought by the plaintiff is equitable in nature, such as an injunction or a divorce or dissolution of a marriage
what is federalism?
a government consisting of a union of more or less self-governing states under an umbrella of federal government.
the common law doctrine that binds an inferior court to follow and apply decisions and interpretation of higher courts when similar cases arise. also called the doctrine of precedence.
a court decision on a question of law that gives authority or direction on a similar question of law in a later case with similar facts. see also stare decisis.
a set of books that contains the written opinions of justices of specified appellate courts. these volumes contain the decisional, or unwritten, law. volumes in the reporters and the cases they contain are arranged in chronological order an addressable by case name or subject matter index.
all reported judicial decisions; the law that comes from judges' opinions in lawsuits. also referred to as court law, judge law, and sometimes common law.
what is binding precedent
following the old decision in an identical case.
what are the different court systems?
the new case is somewhat different, but the underlying policy and rationale still apply.
reason from the old case and extend the previous holding to the new facts. this is known as using precedent to extend the rule of law to new situations.
similar, but not the same underlying rationale.
distinguish new case from old case and limit the rule from the old case. this known as using cases to limit the application of judicial doctrine.
the same case, but the underlying rule no longer makes sense.
overrule previous precedent when strong reasons exist for doing so. this not done often, nit it is consistent with the doctrine of stare dicisis
the new case presents problems that are not covered
a) the case will be dismissed and facts not considered because there is not a remedy in law for every perceived wrong;
b) the case will be heard and decided based on the extension of doctrines of justice and fairness, and new law and rule will be developed, the deciding court may consider precedent from other states, the federal stem, or even other countries when seeking guidance as to an appropriate rule to resolve the controversy.
what are the three branches of our federal government?
legislative, executive, and judicial.
laws enacted by congress or by state legislatures
a written law enacted by a city or county. an example is a zoning ordinance that governs the use of land.
compilations of statutes that are grouped together by subject matter.
a person who makes laws; a member of a legislative body.
an old-fashioned reference to the statutes and ordinances of federal, state, and local government, and the published rules of administrative agencies.
what is something important to know about federal statutory law?
it is limited by matters of federal jurisdiction.
the power or authority the government is given to enact statutes under the U.S. Constitution.
who makes the ultimate judicial decision through its interpretation and application of the constitution?
the supreme court.
what is important about new statutes and ordinances?
uncertainty remains until the law is applied then challenged in a trial, then judicial approved as constitutional.
case or controversy
a requirement that courts may decide only cases in which an actual conflict between persons exists.
the power or right vested in one branch of a government to cancel or postpone the decisions, enactments, etc., of another branch, especially the right of a president, governor, or other chief executive to reject bills passed by the legislature.
judges who judicial philosophy includes treating the law as a vibrant and active source of rules. When faced with new issues. such judges are likely to see the constitution as a flexible document and stare decisis as challengeable when they believe important social needs must be addressed.
judges whose reading of the law narrowly interprets legal words and who subscribe to interpreting the law consistent with the believed meaning given it by drafters.
any part of a court opinion that is unnecessary to the resolution of dispute before the court. Such digression by a judge is not binding on later courts.
an electoral process for making new statutes or changing the constitution by filing appropriate formal petitions to be voted on by legislature or by the people. The initiative is not available in all states.
what is the difference between common law and statutory law?
what does the federal law consist of?
the U.S. Constitution, statutes enacted by congress, treaties and presidential order, rules promulgated by federal agencies, and decisions of the federal courts.
what does state law consist of?
state constitutions, statutes enacted by state legislatures, rules promulgated by state agencies, and the decisions of state appellate courts.
impeachment happens in the house the trial happens in the congress
when a small group of senators talk to stall or stop a vote
it takes a vote of 60 to stop a filibuster
this is a closure(it stops the talking)
it take 51 votes to approve something
the commerce clause
congress has the power to regulate interstate commerce. think wheat example.
buying, selling, and transporting items.
how many supreme court justices are there?
federal court of appeals has how many circuits?
13 circuit courts 179 judges
Washington is in the 9th
federal district court
app. by pre
supreme court judges tend to be liberal or conservative.
chief justice roberts
the role of a judge is like an empire in baseball.
retired justice Souter
the hards answers are the ones the have no clear right or wrong answer and the constitution can support both views.
Plessy V. Ferguson
segregated train carts (it was okay)
brown Vs board of education
segregation in education was unconstitutional
what doe supreme court justices do?
they hear federal cases.
what are the three different wa state courts?
(find out how they are appointed)
wa state supreme court = 9 justices
court of appeals = 3 divisions, Multiple judges
superior court = (100) (trial courts)
Caperton v. A.T. Massey Coal Co.
the coal company gave the judge campaign money.
the supreme court said that it was wrong.
what happens in trial court?
decide the facts then apply the law.
decide if the trial was correct.
the law of the case
is something that only applies to a certain case.
law made by the court of appeals,
legislators can tweek statutes.
the branch of law that deals with individual rights and duties and their enforcement.
civil law also refers to the total system of law, embracing civil and criminal matters.
the branch of law dealing with crimes and their punishment.
civil court basically deals with compensation
contract law is an example of what?
the body of law regulating the rights and duties that exist between private persons (including private corporations.
the body of law that is directly concerned with public rights and obligations, such as constitutional, administrative, criminal, and international law.
what is the law of a country within its own boundaries?
the branch of law governing relations between and among sovereign nations.
what is the primary mechanism in creating international law?
the united nations.
general principals and detailed rules that define the methods of administering substantive law.
refereed to as "lawyer's law"
something significant to know about procedural law?
that the mechanics for civil, criminal, and administrative.
US v locke
wickard v filburn
McCulloch v Maryland
congress having a bank
southern railroad company v arizona
Arizona wanted smaller trains lost
chemical waste management v hunt
Alabama violated the commerce clause when imposing a higher fee for hazardous waste outside that state than inside.
Wyoming v Oklahoma
10 percent coal
what is the three part test that restrictions must pass in order to be allowed to regulate political speech made by businesses.
1) a reasonable time place, or manner restriction
2) a permissible subject matter restriction
3) a narrowly tailored means of serving a compelling state interest
modern speech doctrine
what is the four part test that must be met in order to justify restrictions on commercial speech?
1) at the outset, we must determine whether the expression is protected by the first amendment.
2) Ask whether the asserted government interest is substantial
3) We must determine whether the regulation directly advances the governmental interest asserted.
4) whether it is not more excessive than necessary to serve the interest.
copyrights can only exist when?
if they are fixed in a tangible medium of expression.
what is a derivative work?
a new creative work based on a pre-existing work.
copyright - what is more important in cases of substantial similarity?
proof of acess.
what are examples of fair use copyrights?
those dealing with research, criticism, teaching, and comment.