Chapter 8
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The document defines key terms related to the US court system and judicial process. It discusses the different levels and types of courts, including district courts, appeals courts, and the Supreme Court. It also explains concepts like jurisdiction, judicial review, majority and dissenting opinions, and precedents which provide guidance for future court decisions. Stare decisis refers to upholding previous judicial decisions. Briefs outline arguments for each side of a case. The document serves as a vocabulary guide for civics and economics students studying the US legal system.
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Judicial precedent revision aid
This document discusses judicial precedent and how it operates in the UK legal system. It covers:
1. The Supreme Court has more flexibility than being strictly bound by its own precedents due to the 1966 Practice Statement. This allows overruling decisions if they were wrongly decided.
2. Lower courts must follow precedents set by higher courts. The Court of Appeal generally follows its own civil decisions but can depart from precedents if wrongly decided.
3. For precedents to be established and followed, past court judgments must be recorded in law reports to create an authoritative record of legal decisions.
Chapter7
This document discusses the roles and functions of courts in the United States legal system. It begins by outlining the due process and crime control functions of courts. It then describes the federal and state court systems, including the different levels and jurisdictions. The roles of key courtroom personnel such as judges, prosecutors, and defense attorneys are also summarized.
Do judges Actually make law?
The document discusses different perspectives on whether judges make law. It notes that while law is primarily made by parliament, judges can influence law in several ways. Judges make law by establishing precedents through applying previous court decisions to new cases. When no precedent exists, judges may formulate new legal principles. Statutory interpretation also allows judges to shape law, as they interpret ambiguous legislation. While judges do not directly make law, their role in interpreting and applying legislation through precedents means they do mold the doctrines and development of law over time.
Section 3 of the Judicial Branch
1) There are three steps for a case to reach the Supreme Court: four justices must agree to hear the case, a writ of certiorari is issued to bring the case before the Court, and the case is scheduled for a hearing.
2) The Supreme Court rejects over 96% of applications for review. Those who wish to appeal a case must pay $300 and file copies of their petition.
3) Parties must have standing to bring a case, meaning they must show they were directly harmed by the law or action they are challenging.
Judicial precedent
The document discusses the relationship between judicial precedent and statutory law in England. It argues that the doctrine of judicial precedent is not becoming an illusion, despite the increasing importance of legislation. It examines the concept of ratio decidendi and how precedents are applied and distinguished in subsequent cases. While locating ratio decidendi can be difficult, exceptions allow judges to depart from precedents under certain conditions. Furthermore, statutes and precedents operate complementarily in the English legal system, with vast areas of law still governed solely by case law, and statutes regularly requiring judicial interpretation. Ultimately, the flexibility of the common law system ensures that precedent remains a living and continually developing feature of English law.
Judicial Precedent And Prevention Of Contradictory Judgments: An Expository S...
IOSR Journal of Humanities and Social Science is a double blind peer reviewed International Journal edited by International Organization of Scientific Research (IOSR).The Journal provides a common forum where all aspects of humanities and social sciences are presented. IOSR-JHSS publishes original papers, review papers, conceptual framework, analytical and simulation models, case studies, empirical research, technical notes etc.
Precedents
This document discusses the concept of judicial precedent in India. It defines precedent as previously decided cases that judges are bound to follow, with the Supreme Court's decisions being binding on all courts. It outlines the hierarchy of courts and states that Supreme Court decisions bind all courts, while High Courts bind courts within their jurisdiction. The document also discusses the doctrines of stare decisis and precedent, distinguishing between authoritative and persuasive precedents. It notes the key parts of judicial decisions as ratio decidendi, the binding reasoning, and obiter dicta, non-binding observations.
2.2 the system of precedent
The system of precedent is a key feature of common law, whereby judges must resolve disputes based on decisions made in similar past cases. This ensures consistent and coherent development of the law over time. Precedent is established primarily in two ways - when there is no existing law on a matter, and when legislation needs to be interpreted. Binding precedent means lower courts must follow the decisions of higher courts in similar cases. Persuasive precedent from other jurisdictions or courts may also influence rulings but courts are not bound by them.
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Judicial precedent revision aid
This document discusses judicial precedent and how it operates in the UK legal system. It covers:
1. The Supreme Court has more flexibility than being strictly bound by its own precedents due to the 1966 Practice Statement. This allows overruling decisions if they were wrongly decided.
2. Lower courts must follow precedents set by higher courts. The Court of Appeal generally follows its own civil decisions but can depart from precedents if wrongly decided.
3. For precedents to be established and followed, past court judgments must be recorded in law reports to create an authoritative record of legal decisions.
Chapter7
This document discusses the roles and functions of courts in the United States legal system. It begins by outlining the due process and crime control functions of courts. It then describes the federal and state court systems, including the different levels and jurisdictions. The roles of key courtroom personnel such as judges, prosecutors, and defense attorneys are also summarized.
Do judges Actually make law?
The document discusses different perspectives on whether judges make law. It notes that while law is primarily made by parliament, judges can influence law in several ways. Judges make law by establishing precedents through applying previous court decisions to new cases. When no precedent exists, judges may formulate new legal principles. Statutory interpretation also allows judges to shape law, as they interpret ambiguous legislation. While judges do not directly make law, their role in interpreting and applying legislation through precedents means they do mold the doctrines and development of law over time.
Section 3 of the Judicial Branch
1) There are three steps for a case to reach the Supreme Court: four justices must agree to hear the case, a writ of certiorari is issued to bring the case before the Court, and the case is scheduled for a hearing.
2) The Supreme Court rejects over 96% of applications for review. Those who wish to appeal a case must pay $300 and file copies of their petition.
3) Parties must have standing to bring a case, meaning they must show they were directly harmed by the law or action they are challenging.
Judicial precedent
The document discusses the relationship between judicial precedent and statutory law in England. It argues that the doctrine of judicial precedent is not becoming an illusion, despite the increasing importance of legislation. It examines the concept of ratio decidendi and how precedents are applied and distinguished in subsequent cases. While locating ratio decidendi can be difficult, exceptions allow judges to depart from precedents under certain conditions. Furthermore, statutes and precedents operate complementarily in the English legal system, with vast areas of law still governed solely by case law, and statutes regularly requiring judicial interpretation. Ultimately, the flexibility of the common law system ensures that precedent remains a living and continually developing feature of English law.
Judicial Precedent And Prevention Of Contradictory Judgments: An Expository S...
IOSR Journal of Humanities and Social Science is a double blind peer reviewed International Journal edited by International Organization of Scientific Research (IOSR).The Journal provides a common forum where all aspects of humanities and social sciences are presented. IOSR-JHSS publishes original papers, review papers, conceptual framework, analytical and simulation models, case studies, empirical research, technical notes etc.
Precedents
This document discusses the concept of judicial precedent in India. It defines precedent as previously decided cases that judges are bound to follow, with the Supreme Court's decisions being binding on all courts. It outlines the hierarchy of courts and states that Supreme Court decisions bind all courts, while High Courts bind courts within their jurisdiction. The document also discusses the doctrines of stare decisis and precedent, distinguishing between authoritative and persuasive precedents. It notes the key parts of judicial decisions as ratio decidendi, the binding reasoning, and obiter dicta, non-binding observations.
2.2 the system of precedent
The system of precedent is a key feature of common law, whereby judges must resolve disputes based on decisions made in similar past cases. This ensures consistent and coherent development of the law over time. Precedent is established primarily in two ways - when there is no existing law on a matter, and when legislation needs to be interpreted. Binding precedent means lower courts must follow the decisions of higher courts in similar cases. Persuasive precedent from other jurisdictions or courts may also influence rulings but courts are not bound by them.
Precedent power presentation
This document discusses judicial precedent in Indian law. It begins with introducing judicial precedent as past court decisions that create law to guide future similar cases. It then outlines the objectives to explain elements of precedent like binding precedent that requires lower courts to follow higher court rulings. The document discusses types of precedent like original precedent that establishes new rules and persuasive precedent that is not binding. It notes advantages of precedent like certainty and uniformity in law, but also disadvantages like complexity. Finally, it mentions some landmark judgments that helped develop Indian law.
Judicial precedent
In this power point slide i talked about Elements of Judicial Precedent . And i also talked about some cases related to Bangladesh
Precedents
Precedents are principles or rules established in previous landmark legal cases that courts use to decide similar future cases based on the doctrine of stare decisis. Precedents are important to maintain stability, predictability, and integrity in the legal system. There are three types of precedents - binding precedent that compels lower courts, original precedent that establishes new rules, and persuasive precedent from courts of equivalent jurisdiction but different regions. Precedents promote uniformity, check judicial whims, and help interpret statutes, but they can also add complexities, uncertainty, and restrict new ideas from emerging.
Precedents
Precedents are earlier court rulings that act as guidelines for subsequent cases. They provide flexibility in the application of laws but also create some uncertainty. Precedents are classified as authoritative, absolute or persuasive depending on the court of origin. Higher court rulings are considered absolute precedents while decisions of the same court can be conditional. Precedents can be weakened through reversal or overruling but strengthened by affirmation or long-standing use. While precedents promote consistency, they can also perpetuate errors and be applied retrospectively.
2.4 the court hierarchy
Australia has two levels of court systems - state and federal. The court hierarchy has lower, intermediate, and superior courts at both the state and federal levels. Lower courts handle minor criminal offenses like loitering while more serious crimes like murder are dealt with in higher courts. Appeals can be made from lower to higher courts. Both state and federal systems follow a similar hierarchy structure.
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Introduction to legal analysis sources law dicta
The document provides an introduction to legal concepts including stare decisis, precedents, primary and secondary sources of law, and the difference between holdings and dicta in judicial opinions. It explains that stare decisis, or precedent, refers to following past decisions and that precedents can be either mandatory/binding or persuasive/non-binding depending on factors like the court of origin. It also outlines the hierarchical relationships between different sources of law and how to analyze statutes.
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https://kingstonlawgroup.com/motion-for-summary-judgment/
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- Marbury vs Madison (1803) established the principle of judicial review, allowing courts to declare laws made by legislatures unconstitutional.
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judicial precedent revision powerpoint
The document discusses the doctrine of precedent in UK courts. It explains that originally, the House of Lords felt bound by its own past decisions for certainty in the law. In 1966, the Lord Chancellor issued a practice statement allowing the House of Lords more flexibility to depart from precedents if a prior decision was wrongly decided. This power transferred to the Supreme Court when it replaced the House of Lords. The Court of Appeal is generally bound by its own past decisions but can depart under certain exceptions. Proper law reporting is necessary for precedents to be established and followed.
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This document outlines the role of courts in law-making through judicial precedent and statutory interpretation. It discusses how common law is developed through court decisions and the doctrine of precedent binds lower courts to follow higher court decisions. It also examines how judges can interpret statutes and develop the law, as well as the flexibility within the doctrine of precedent that allows courts to distinguish, reverse or overrule precedents. Both the strengths and weaknesses of law-making by courts are evaluated.
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This document discusses judicial precedent in Indian law. It begins with introducing judicial precedent as past court decisions that create law to guide future similar cases. It then outlines the objectives to explain elements of precedent like binding precedent that requires lower courts to follow higher court rulings. The document discusses types of precedent like original precedent that establishes new rules and persuasive precedent that is not binding. It notes advantages of precedent like certainty and uniformity in law, but also disadvantages like complexity. Finally, it mentions some landmark judgments that helped develop Indian law.
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In this power point slide i talked about Elements of Judicial Precedent . And i also talked about some cases related to Bangladesh
Precedents
Precedents are principles or rules established in previous landmark legal cases that courts use to decide similar future cases based on the doctrine of stare decisis. Precedents are important to maintain stability, predictability, and integrity in the legal system. There are three types of precedents - binding precedent that compels lower courts, original precedent that establishes new rules, and persuasive precedent from courts of equivalent jurisdiction but different regions. Precedents promote uniformity, check judicial whims, and help interpret statutes, but they can also add complexities, uncertainty, and restrict new ideas from emerging.
Precedents
Precedents are earlier court rulings that act as guidelines for subsequent cases. They provide flexibility in the application of laws but also create some uncertainty. Precedents are classified as authoritative, absolute or persuasive depending on the court of origin. Higher court rulings are considered absolute precedents while decisions of the same court can be conditional. Precedents can be weakened through reversal or overruling but strengthened by affirmation or long-standing use. While precedents promote consistency, they can also perpetuate errors and be applied retrospectively.
2.4 the court hierarchy
Australia has two levels of court systems - state and federal. The court hierarchy has lower, intermediate, and superior courts at both the state and federal levels. Lower courts handle minor criminal offenses like loitering while more serious crimes like murder are dealt with in higher courts. Appeals can be made from lower to higher courts. Both state and federal systems follow a similar hierarchy structure.
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Source: Melvin Mencher's News Reporting and Writing, 12th Edition.
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The document discusses ratio decidendi, which is the essential principle or rule upon which a court's decision is based. It provides the example of the 1932 Scotland case Donoghue Vs. Stevenson, also known as the "Snail in Bottle case". In this case, the ratio decidendi established that a person has a duty of care to others who may foreseeably be harmed by their actions, even without a contract. Lord Atkin ruled on this basis that Stevenson could be found negligent despite no contract between the parties.
Federalcourts
The federal court system has jurisdiction over cases involving federal laws, treaties, the Constitution, bankruptcy, maritime law, ambassadors, disputes between states, and disputes between citizens of different states. Federal courts are divided into the Supreme Court, appellate courts, and trial courts. The Supreme Court is the final step in the appeals process and has the power to interpret the Constitution, but can only rule on specific cases, not broad issues, that are brought before it through the litigation process.
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The document discusses key aspects of the trial process in the United States criminal justice system. It notes that the Sixth Amendment guarantees the right to a fair and speedy public trial by an impartial jury. Juries are typically composed of 12 people who must reach a unanimous verdict, though some states allow convictions with fewer jurors. The document outlines jury selection procedures and exceptions to the right to a jury trial. It also discusses the rights of defendants and witnesses during a trial.
Introduction to legal analysis sources law dicta
The document provides an introduction to legal concepts including stare decisis, precedents, primary and secondary sources of law, and the difference between holdings and dicta in judicial opinions. It explains that stare decisis, or precedent, refers to following past decisions and that precedents can be either mandatory/binding or persuasive/non-binding depending on factors like the court of origin. It also outlines the hierarchical relationships between different sources of law and how to analyze statutes.
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https://kingstonlawgroup.com/motion-for-summary-judgment/
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Motion for summary judgment can put an end to a lawsuit, for better or worse (1)
Motion for summary judgment can put an end to a lawsuit, for better or worse (1)
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Chapter two
1) The document defines various civics and economics vocabulary terms from chapters 2-4 of a textbook, including enlightenment, monarch, legislature, and others.
2) It provides definitions and examples of different types of colonies in early America, such as proprietary colonies which were owned by proprietors, and royal colonies which were ruled directly by the king.
3) Key economic theories and practices are explained, such as mercantilism where a country's power depends on its wealth, and triangular trade which was the pattern of trade between Europe, Africa, and the Americas.
Personal finance e qs
The document discusses various topics related to personal finance including differences between commercial banks, savings and loans, and credit unions. It also describes the functions of the Federal Reserve, various types of bank accounts, disposable and discretionary income, importance of comparison shopping and unit pricing, differences between fixed and variable loan rates, calculating APR for credit cards, and components of principal and interest for loans. Finally, it lists and describes several methods for saving money such as CDs, stocks, bonds, annuities, mutual funds, 401k, 403b, and Roth IRAs.
Chapter 19
The document defines key terms from chapters 19 and 10 of a civics and economics textbook, including goods, services, factors of production, natural resources, labor, capital, entrepreneur, GDP, standard of living, market, factor market, product market, productivity, specialization, division of labor, economic interdependence, capitalism, free enterprise, consumer sovereignty, private property rights, competition, profit, profit motive, voluntary exchange, and laissez-faire economics. Each term is given with a statement on similarity and difference but no further explanation.
Chapter 21
This document defines key terms from chapters 21-22 of a civics and economics textbook. It includes definitions for demand, the law of demand, supply, the law of supply, equilibrium price, surplus, shortage, price ceilings, price floors, and minimum wage. All of the terms relate to economic concepts involving the relationship between price and quantity demanded or supplied in a market.
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Starting a business under your own name leaves you vulnerable to liabilities, debts, and torts. It is one of the foremost goals of nearly all business practitioners to steer clients away from such personal liability through entity planning and structuring.
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Tara Pawlyk researched 5 cars for a vehicle purchase project. The factors considered included gas mileage, safety, reliability, cost, and comfort. Cars researched were the Toyota RAV4, Jeep Wrangler, Volkswagen Beetle TDI, Smart Car Electric Drive, and Toyota Corolla. After reviewing each car's specifications based on the factors, Tara concluded that the Toyota RAV4 best met her needs by having good gas mileage and space while also being reliable and safe.
Business project
The document provides information for opening a coffee shop called Bar à Café near UNCW, including details on the location, target audience, rent, property taxes, insurance, hours of operation, utilities, labor, capital expenses, products, sales tax, menu, and breakdown of fixed and variable expenses. The coffee shop will be located at 4401 Oleander Drive in Wilmington, employ managers, baristas, and chefs/bakers, and sell coffee, baked goods, and lunch foods.
Supreme court project
- Marbury vs Madison (1803) established the principle of judicial review, allowing courts to declare laws made by legislatures unconstitutional.
- Engel vs Vitale (1961) ruled that requiring prayer in public schools violated the Establishment Clause of the First Amendment.
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The document discusses the doctrine of precedent in UK courts. It explains that originally, the House of Lords felt bound by its own past decisions for certainty in the law. In 1966, the Lord Chancellor issued a practice statement allowing the House of Lords more flexibility to depart from precedents if a prior decision was wrongly decided. This power transferred to the Supreme Court when it replaced the House of Lords. The Court of Appeal is generally bound by its own past decisions but can depart under certain exceptions. Proper law reporting is necessary for precedents to be established and followed.
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6. The Role of Judges
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This document discusses the concept and principles of precedent in the Indian legal system. It defines key terms like ratio decidendi, obiter dicta, and precedential value. It outlines how the doctrine of precedent evolved historically in India from ancient tribal courts to the modern hierarchy established under British rule and in the Indian Constitution. It also examines the different types of precedents, principles for when precedents are binding or persuasive, and how precedents can be treated or distinguished in subsequent cases.
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Precedent refers to principles or rules established by higher courts that lower courts must follow when deciding similar cases. Binding precedents come from superior courts within the same hierarchy, while persuasive precedents from other hierarchies or courts of equal rank can be considered but are not obligatory. The Supreme Court's rulings are binding on all Indian courts, though it is not bound by its own precedents. Precedents promote predictability, stability, fairness and efficiency but also present challenges like distinguishing key ratios and tracking numerous rulings. Overall, precedents are an important source of law but require effective recording mechanisms.
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The document discusses the doctrine of precedent, or stare decisis, in the Indian legal system and how it is similar to the British common law system. It outlines some key principles:
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b) In cases of conflict between decisions of equal benches of the same high court, the later decision should be followed, though the rationale is also considered.
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ACC 150THE LEGAL ENVIRONMENT OF BUSINESSWith Doreen .docx
ACC 150
THE LEGAL ENVIRONMENT OF BUSINESS
With Doreen Smith, Esquire
Chapter 2
*
THE COURT SYSTEM AND DISPUTE RESOLUTION OVERVIEWThe Court SystemFederal and state courtsThe Court ProcedureThe procedural steps for a lawsuit when the case goes to trial.Alternative Dispute ResolutionWhen parties resolve a dispute using alternative methods of resolution (don’t go to trial).
THE COURT SYSTEM
What is a court? Tribunal established by law to:
Hear and decide matters brought before it,
Provide remedies (this would include monetary damages and equitable relief) when wrongs have been committed, and
Prevent possible future wrongs.
Courts award money damages and provide equitable relief.
*
THE COURT SYSTEMJurisdictionCourt’s power to hear a court case; the power to act over a particular defendant. Subject matter jurisdiction Jurisdiction over the subject matter of a case. For example, the Federal Bankruptcy Court cannot hear a divorce case.General jurisdictionCourt that can hear most controversiesLimited jurisdictionCourt that can hear only a particular type of case. Such as the Federal Bankruptcy Court can only hear bankruptcy cases.
Chapter Two
THE COURT SYSTEMPersonal jurisdiction (not covered in textbook but should be covered)This is the power of a court over a particular person (second part of jurisdiction definition).Example: You had a car accident with a Mr. Jones who lives in California. The car accident happened in Pennsylvania and you are a resident of Pennsylvania. You have never been to California. Mr. Jones sues you in California. The California court would lack personal jurisdiction over you.
COURT SYSTEMThe courts in the United States are organized into the state and federal court systems, each (generally) with three levels: trial courts (has original jurisdiction).appellate courts.a supreme court.Supreme and appellate courts review the decisions of trial courts and either affirm, reverse or remand the lower court’s decision.Appellate jurisdiction reviews the work of a lower court. No trials occur in an appellate court. This court determines whether the judgment of a lower court was correct.
Chapter Two
*
THE FEDERAL COURTS
Chapter Two
United States
Supreme Court
United States Court
Of Appeals
United States
District Court
The U.S. District Court is the trial court in Pennsylvania we have 3 Courts.—the local one is the U.S. District Ct. for the Eastern District of PA
The U.S. Ct. of Appeals is the first appellate court. Pennsylvania is in the 3rd Circuit.
The U.S. Supreme Court is the final appellate court.
PENNSYLVANIA COURTS
Chapter Two
*The Commonwealth Court only hears appeals relating to local or
state government. The Superior Court hears all other appeals.
**De Novo –means over again. In this situation, you can appeal a district justice case and have the entire case tried over again.
Supreme Court of Pennsylvania
Commonwealth Court*
Superior Court
Court of Common Pleas–
Tria.
stare decisis
The doctrine of stare decisis is best explained by reference to the English translation of the Latin phrase. "Stare decisis" literally translates as "to stand by decided matters". The phrase "stare decisis" is itself an abbreviation of the Latin phrase "stare decisis et non quieta movere" which translates as "to stand by decisions and not to disturb settled matters".
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Chapter 4 Condensed
The document summarizes different levels of courts in the United States legal system. It discusses:
1) Trial courts, which are the first courts to hear cases and have original jurisdiction. They include federal district courts and state trial courts like circuit courts.
2) Appellate courts, which review decisions of lower courts for legal errors. At the federal level, these include federal courts of appeals and the Supreme Court. States also have appellate courts.
3) Specialized courts like juvenile courts, which emphasize rehabilitation over punishment for juveniles, and probate courts, which administer wills and estates.
Case Law
In this scenario, a building collapsed in the Christchurch earthquake, injuring workers inside. Evidence shows the building was poorly constructed and would not have collapsed if it met building standards.
The role of the courts is to resolve legal disputes arising from this situation by applying the legal precedents established by previous similar cases. The role of Parliament is to enact legislation to regulate building standards and prevent such problems in the future.
Case law, or common law, is developed through a hierarchical system of courts. Higher courts set binding precedents that lower courts must follow to promote consistency and predictability in legal decisions.
US Court System.pptx
The document discusses the structure and roles of the U.S. judicial branch. It begins by explaining that the judicial branch is made up of a dual court system of federal and state courts. It then describes the three levels of federal courts - district courts that handle trials, circuit courts of appeals that review cases, and the Supreme Court that makes final rulings. The document provides details on jurisdiction, procedures, personnel, and the power of judicial review held by the Supreme Court.
Judicialbranchslideshareversion 091213105049-phpapp02
The Supreme Court has the power and duty to interpret laws and decide what the law means. If two laws conflict, the Supreme Court must determine how each should be applied. The Supreme Court is the highest court and its rulings are final. It has the power to declare laws and acts unconstitutional.
common law system - Author :SOWMIYA.R
- Common law is a body of unwritten laws based on legal precedents established by courts in previous rulings on similar cases.
- The doctrine of stare decisis requires courts to follow these legal precedents when making rulings.
- The U.S. Supreme Court's rulings set binding precedents that must be followed by lower courts. Common law provides consistency and stability in the legal system while allowing some flexibility if precedents become outdated.
Judicial branch
The document summarizes the structure and jurisdiction of the U.S. federal and state judicial systems. It explains that the federal system consists of 94 district courts, 13 appellate courts, and the Supreme Court. District courts hear both civil and criminal cases, appellate courts review cases for legal errors, and the Supreme Court decides whether to hear appeals. State systems include trial courts that determine facts, optional appellate courts that review legal errors, and supreme courts of last resort. Federal courts have limited jurisdiction over diversity and federal law cases, while state courts cover remaining issues like criminal law and family law.
Getting Your Foot in the Door - The Petition for Certiorari by Public Citizen
The document provides an introduction to filing a petition for a writ of certiorari with the Supreme Court. It discusses that the Supreme Court has discretionary jurisdiction and only hears a small fraction of cases through certiorari petitions. It outlines factors the Court considers important in deciding whether to grant certiorari, including whether a federal court of appeals or state supreme court ruling conflicts with a decision from another on an important question of federal law. The Court seeks to resolve such conflicts to promote uniformity in federal law.
Similar to Chapter 8 (20)
American Government: A Complete Coursebook - Chapter 13
American Government: A Complete Coursebook - Chapter 13
ACC 150THE LEGAL ENVIRONMENT OF BUSINESSWith Doreen .docx
ACC 150THE LEGAL ENVIRONMENT OF BUSINESSWith Doreen .docx
Judicialbranchslideshareversion 091213105049-phpapp02
Judicialbranchslideshareversion 091213105049-phpapp02
Getting Your Foot in the Door - The Petition for Certiorari by Public Citizen
Getting Your Foot in the Door - The Petition for Certiorari by Public Citizen
More from tp3115
Ce 13
The document discusses changes to the DSM-5 guidelines for diagnosing bipolar disorder in children. It notes that many children are now being diagnosed with mental disorders at a young age in hopes of managing symptoms before they become problematic, as this may help reduce violent outbursts later in life. The article focuses on the issue of taking mental health more seriously, as mental illness appears to be a factor in many acts of violence. It examines how perceptions of mental illness as taboo need to change, as mental health conditions can be as serious as physical illnesses.
Ce 12
The Westboro Baptist Church planned to protest the funeral of Jeff Hanneman, the guitarist and founder of the band Slayer, holding signs stating their beliefs that homosexuality and abortion are wrong and deaths are God's punishment. While the church has freedom of expression, personally attending funerals to protest is disrespectful. The writer wishes the church would keep their beliefs private instead of trying to force their opinions on others.
Chapter 24
This document outlines key terms from three sections of a civics and economics vocabulary chapter. Section one defines coins, currency, commercial banks, savings and loan associations, and credit unions. Section two explains the central bank (Federal Reserve System), Federal Open Market Committee, monetary policy, discount rate, reserve requirements, and open market operations. Section three describes checking accounts, savings accounts, and certificates of deposit. Each term is accompanied by a prompt for identifying similarities and differences to other terms.
Chapter 23
The document defines key economic vocabulary terms across three sections. Section one covers private and public goods, externalities, monopolies, antitrust laws, mergers, and natural monopolies. Section two defines real GDP, business cycles, the civilian labor force, unemployment rate, fiscal and monetary policy, and inflation. Section three discusses government assistance programs like food stamps, WIC, workfare, progressive income taxes, and the earned income tax credit.
Chapter 22
This document defines key vocabulary terms from three chapters on civics and economics. It describes different types of business ownership structures like sole proprietorships, partnerships, and corporations. It also defines terms related to labor unions like collective bargaining, mediation, arbitration, and strikes. Finally, it covers concepts like transparency, discrimination, and social responsibility as they relate to businesses and the workplace.
Chapter 20
This document contains vocabulary terms from a civics and economics textbook organized into four sections: consumers and shopping, budgeting and personal finance, saving and investing, and spending habits. Key terms defined include consumer, disposable income, discretionary income, consumerism, comparison shopping, warranty, budget, income, expense, credit, annual percentage rate, collateral, bankruptcy, saving, interest, principal, return, stock, dividend, bond, mutual fund, and impulse buying. Each term is accompanied by a prompt to identify similarities and differences, though no responses are provided.
Chapter 18
This document defines key terms from chapters 18, sections 1 and 2 of an economics textbook. In section 1, it defines needs as things required for survival, wants as things we would like to have, economics as the study of how we make decisions with limited resources, microeconomics as looking at small economic pictures, and macroeconomics as looking at the big economic picture. It also defines economic models, economic systems, resources, and scarcity. Section 2 defines trade-offs as alternatives when choosing one thing over another, opportunity cost as the cost of the next best alternative, marginal cost as the additional cost of one more unit of output, marginal benefit as the additional satisfaction from one more unit, and cost-benefit analysis as
Chapter 17
The document defines key vocabulary terms from three sections of a civics and economics chapter on communication technologies and intellectual property. Section one defines the internet, world wide web, website, archives, and newsgroups. Section two defines authoritarian, dissident, extremist, and propaganda. Section three defines intellectual property, copyright, and revenue.
Chapter 16
This document outlines key civics and economics vocabulary terms related to the legal system, organized into three sections. Section one defines terms related to civil cases like complaints, summons, discovery, and settlements. Section two covers terms involved in criminal cases such as prosecution, crimes, penal codes, parole, and sentencing. Section three discusses juvenile-related terms including juveniles, juvenile delinquents, and rehabilitating minors.
Chapter 14
This document provides vocabulary terms and definitions related to civics and economics. It defines a county as a territory within a state, and a country seat as the center of county government. Ordinances are defined as local laws, while incorporating declares a region a municipality with a charter. A charter establishes the basic rules of municipal government. Home rule allows local governments to amend laws, while at-large elections allow voters to vote for all members of a board. Public policy refers to rules and guidelines, and a special district is a section of government focused on a specific function. A balanced budget means a state's expenditures equal its budget.
Chapter 13
Statutes are laws that apply within a single state rather than federal law, while the census regularly counts the population to gather demographic statistics. When a criminal sentence is commuted, it is reduced from the maximum possible, and parole allows for the early release of prisoners, similar to a commuted sentence. Civil cases concern private disputes, misdemeanors are less serious crimes than felonies, and defendants are those accused of crimes in court, unlike plaintiffs.
Chapter 12
This document defines civics and economics vocabulary terms from chapters 12 of a textbook. It provides definitions and examples for terms related to forms of government like unicameral, bicameral, and federal system. It also defines concepts from the US Constitution like preamble, popular sovereignty, separation of powers, checks and balances, and amend. Additional terms defined include suffrage, segregation, civil rights, and boycotts.
Politic parties e qs
The document discusses the history and development of the two-party system in the United States. It traces the rise of the current Democratic and Republican parties from early divisions between Federalists and Anti-Federalists. Third parties like the Libertarian and Green parties currently play a minor role in the system. Different countries have various party systems, ranging from dominant, non-partisan, and single-party, to two-party and multi-party systems. The Democrats and Republicans differ in their policy platforms, with Democrats generally more liberal and Republicans more conservative. Political parties are organized at the national, state, and local levels through elections. Political machines and corruption, like Tammany Hall, have led to reforms checking party power. Candidates
Chapter 6
The US Congress is bicameral, consisting of the House of Representatives and the Senate. The House has 435 representatives who are at least 25 years old, live in their state, and have been citizens for at least 7 years. The Senate has 100 senators, with 2 from each state, who are at least 30 years old, live in their state, and have been citizens for at least 9 years. Bills can be proposed by members of either chamber and must pass through committees and debates in both the House and Senate before being sent to the President to sign into law or veto. The President can also veto bills passed by Congress.
Elections eq
The document discusses various aspects of voting and elections in the United States. It outlines the qualifications to vote, methods of voting such as absentee ballots or straight ticket voting, and the process of registering and voting. It also describes the different types of voting machines used to count ballots and how issues with older machines have impacted elections. Finally, it discusses the electoral college process for electing the president and methods candidates and political groups use to influence elections, such as fundraising, endorsements, and advertising.
Judicial e qs
The document discusses the US judicial system and Supreme Court. It explains that Supreme Court justices and federal judges are nominated by the President and approved by the Senate, serving lifetime terms. It outlines the federal court system's original, exclusive, and concurrent jurisdictions. Examples are provided of how the courts have used their jurisdiction in cases involving the Constitution, federal laws, disputes between citizens of different states, and treaties. The duties of US magistrates, attorneys, and marshals are defined. Majority, dissenting, and concurring appellate decisions are described. An example case reaching the Supreme Court via lower courts is analyzed. Influences on Supreme Court decisions are said to include the Constitution.
Executive branch e qs
The document lists and describes various offices within the White House and executive branch of the US government. It discusses the President's cabinet and its responsibilities, as well as different types of federal agencies such as executive agencies, regulatory commissions, independent agencies, and government corporations. The document also examines the development of the US Civil Service System and provides details on specific executive agencies, regulatory commissions, independent agencies, and government corporations; outlining their roles and responsibilities.
Legal rights eq
Laws provide structure and a justice system. In the US, laws must be constitutional and go through the legislative process. Criminal law involves crimes against the state's laws and can progress through five court levels, while civil law involves disputes between parties and progresses through three court levels. Other types of US law include constitutional law which involves the three branches of government, statutory law based on statutes, and administrative law governing government agencies. Those accused have rights like protection from unwarranted search/seizure and the right to counsel which are guaranteed by amendments like the 4th, 5th, 6th, and 14th. Criminal cases progress through local, district, superior, appeals and supreme courts, while civil cases involve divorce, small
Law notes
Jurisprudence is the study of law. Civil law covers disagreements between parties regarding liability for negligence or wrongful acts that infringe on rights. Civil disputes are settled in courts like district, superior, or divorce court and require a majority vote for a guilty sentence. Criminal law involves committing a crime according to penal codes and punishments. Criminal cases are handled in local, district, superior, appeals, and supreme courts and require unanimous agreement among all twelve jurors to convict someone of a crime. Compensatory damages cover actual financial losses while punitive damages involve pain and suffering.
Judicial notes
The Judicial Branch document outlines the structure and jurisdiction of the US federal court system. It notes that the Judicial Branch was created by the Judiciary Act of 1789 and is responsible for the federal courts, including the Supreme Court with 1 court and 12 US Courts of Appeal. It has jurisdiction over federal crimes, disputes between states, and cases involving citizens from different states or ambassadors. Important cases discussed include Tinker v. Des Moines on free speech, Texas v. Johnson on flag burning, and Gideon v. Wainwright establishing the right to counsel. Court opinions can be majority, dissenting, or concurring.
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Chapter 8
- 1. Civics and Economics Vocabulary Chapter 8 - Section One Circuit- districts Congress serves Similarity/Difference: None Sentence: Circuits establish the districts which Congress serve. Jurisdiction- the authority to hear and decide a case Difference: Exclusive Jurisdiction Sentence: Jurisdiction falls down to state or federal and in some cases both. Exclusive Jurisdiction- only the federal courts may hear and decide cases Difference: Concurrent Jurisdiction Sentence: In exclusive jurisdiction the federal courts are in charge. Concurrent Jurisdiction- both federal and state courts have jurisdiction Difference: Exclusive Jurisdiction Sentence: In concurrent jurisdiction both state and federal courts have rights to a case. Chapter 8 - Section Two District Court- federal courts in which trials are held and lawsuits are begun Similarity: Exclusive Jurisdiction Sentence: District courts are in charge of federal cases. Original Jurisdiction- authority to hear cases for the first time Difference: Exclusive Jurisdiction Sentence: Original jurisdiction is basically dibs on a case. Appeals Court- review decisions made in lower district courts Similarity/Difference: None Sentence: Appeals court checks behind the district courts below it. Appellate Jurisdiction- the authority of a court to hear a case appealed from a lower court Similarity: Appeals Court Sentence: Appellate jurisdiction is used by appeals court. Remand- upholding the original decision by reversing that decision Similarity/Difference: None Sentence: Sometimes courts will remand a decision on court cases. Opinion- offers a detailed explanation of the legal thinking behind the courtʼs decision Similarity/Difference: None Sentence: After a court decision is made an opinion is recorded to explain the decision. Tara Pawlyk Sunday, March 17, 2013 2:09:38 PM ET 04:0c:ce:d3:10:88
- 2. Precedent- gives guidance to other judges by offering a model upon which to base their own decisions on similar cases Similarity/Difference: None Sentence: When judges are struggling to make a decision they often will reference a similar precedent. Chapter 8 - Section Three Judicial Review-the Court can review any federal, state, or local law or action to see if it is constitutional Similarity/Difference: None Sentence: Judicial review is put in place to make sure everyone is following the law and there are no breaks in the system. Constitutional- allowed by the Constitution Similarity/Difference: None Sentence: Judicial review makes sure laws are constitutional. Chapter 8 - Section Four Docket- court calendar Similarity/Difference: None Sentence: The courtʼs calendar is referred to as a docket. Brief- a written document that explains one sideʼs position on the case Similarity/Difference: None Sentence: At the beginning of a court case everyone is briefed. Majority Opinion- presents the views of the majority of the justices on a case Difference: Unanimous opinion Sentence: The majority opinion is the overall decision of the justices. Unanimous Opinion- all the justices vote the same way Difference: Concurring opinion Sentence: Unanimous opinions are when all the justices agree with each other. Concurring Opinion- justice who agrees with the majority decision but has different reasons Difference: Dissenting opinion Sentence: Sometimes concurring opinions take place where a justice agrees with the decision but has a different backing for the belief. Dissenting Opinion- Justices who oppose the majority decision issue Difference: Majority opinion Sentence: Dissenting opinions are those justices who disagree with the majority decision. Stare Decisis- let the decision stand Tara Pawlyk Sunday, March 17, 2013 2:09:38 PM ET 04:0c:ce:d3:10:88
- 3. Similarity/Difference: None Sentence: Stare decisis allows the decision to stand. Tara Pawlyk Sunday, March 17, 2013 2:09:38 PM ET 04:0c:ce:d3:10:88