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| a system of rules that governs a society |
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| what is the purpose of law? |
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| regulate the behavior of citizens and corporations |
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1. prohibit antisocial behaviors
2. settle disputes |
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1. constitutional
2. statutory
3. administrative
4. executive order
5. law of equity
6. common law |
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| law concerning/relating ot the constitution |
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| what is the supreme source of law? |
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| 2 functions of the Constitution... |
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1. limit powers of government
2. protect rights of individuals |
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| any statute, law or ordinance put into place by a legislative body of elected officials |
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| purpose of statutory law... |
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| set forth enforceable rules that govern behavior, prohibit antisocial acts, and provide oversight. |
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| statutory law is interpreted by the ____ |
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| statutory law is enforced by ____ |
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| Article 6 of supremacy clause says: |
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| federal statutes ALWAYS trump state statutes |
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| rules, regulations, and decisions of administrative agencies |
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| ___ ____ are created by legislative (executive signs into law) and it's purpose is to regulate and supervise specialized areas |
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| 2 functions of administrative agencies... |
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Definition
1. rule making
2. conflict adjudication |
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| if you violate an administrative law, you may not seek court intervention until.... |
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Definition
| you have exhausted ALL your administrative remedies (such as hearings and appeals) |
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| an order from an executive authority (mayor, president, governor) |
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| article ___ is the basis for the President's executive authority to "take care to fairly and efficiently enforce laws" |
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| guantanamo bay is an example of the use of _____ |
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| abraham lincoln's suspension of Habius Corpus during the civil war is and example of _____ |
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| an accumulation of rulings made by courts in individual disputes |
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| precedent is set when there are at least ___ votes or better in the Supreme courtq |
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| "let past decisions stand" - bottom line of common law |
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| right to privacy is ___ law |
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| __ v ___ set up the right to privacy |
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| ___ v ____ established right to privacy |
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| "____" (shaddow) - is a part of law that is understood but is not necessarily spelled out - like the right to privacy |
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| options of a judge dealing with precedent |
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Definition
1. apply directly
2. modify it to fit new fact
3. establish a new precedent by distinguishing new from previous case
4. overrule it completely |
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| legal function that allows courts to take action the is "fair and just" ... put to use in cases where money will not fix it |
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| the Treaty Oak is an example of the application of ___ |
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| restraining orders and injuntionc are example of the use of ___ |
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| total number of court systems |
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| _ federal, _ D.C, _ state, total __ |
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| 1 federal, 1 DC, 50 state, total of 52 court systems |
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| how many circuit courts of appeal? |
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| __ geographic __ federal, total __ circuit courts of appeal |
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| 12 geographic, 1 federal, 13 circuit courts of appeal total |
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| _ judges on the panel at intermediate appellate courts |
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| "en banc" at intermediate appellate court level means... |
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| supreme court gets __ and __ jurisdiction |
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| how does the supreme court get original jurisdiction? |
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Definition
| when the case is between states or between the US and another country |
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| how does the supreme court get appellate jurisdiction? |
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Definition
| when a writ of certiorari is granted to a case between individuals in the US |
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| 3 layers of courts include... |
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Definition
1.trial
2. intermediate appellate
3. final appellate (supreme court) |
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| AKA court of original jurisdiction; jury employed as a finder of facts |
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| reviews sufficiency of evidence, the trial court's utilization of the correct law, and decisiona re based on records |
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| intermediate appellate courts |
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| only LOOKS at RECORDS.. no new arguments are presented |
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| Final Appellate Court *(supreme court) |
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| ultimate authority over constitution |
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| resolves conflicts concerning federal statutory law |
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| allows and provides for diversity |
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| handles all cases concerning the federal government |
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| handles matters not specifically assigned to the states |
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| 6 steps to get your case to supreme court |
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Definition
1. petition certiorari
2. writ of certiorarti (4 justices took interes)
3. put ont eh calendar
4. submit brief by deadline
5. oral hearing to argue your case
6. justices go behind closed doors to deliberate until a majority decision is reached |
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| _ justices need to take interest in your case to get a writ of certiorari |
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| a decision of 4:4 fromt eh supreme court means... |
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Definition
| whatever the previous appellate court said will stand |
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Term
| name the one case we know of that got a 4:4 decision... |
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Definition
| "bong hits for jesus" Morse v Fredericks |
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| if the supreme court decision os 5 votes or higher.... |
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Definition
| precedent is established and a new common law is set |
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Term
| if the supreme court votes less than 5 but you still get he majority.... |
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| plurality - only good for your particular case) |
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| general ruling of the court - not a written majority opinion |
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Term
| ___ is the person seeking damages |
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| ___ is the person being sued |
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| a legal wrong doing committed by one person against another, normally private parties.. liable, slander, personal injury, and other damage causing acts |
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| a dispute of private parties usually for money damages |
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| when a person is on trial to be punished for criminal acts/anti-social behavior |
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| ____ the measure fo the evidence required by law for one party to prevail over the other, how much evidence that law requires for dispute |
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| ___ has the burden of proof in civil cases. |
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| in civil cases the burden of proof is "the proponderance of the evidence" which means... |
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| ___ has the burden of proof in criminal cases |
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| in criminal cases, the burden of proof is... |
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Definition
| beyond a reasonable doubt - LIVES are at stake |
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| written order from the court to testify or bring documents to court during discovery |
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| one party asks questions under oath of another party and their witnesses. Each party has the right to attends. This is sworn testimony outside of the court |
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| insures you will return to face trial |
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| (bill if criminal information), formal accusation against you - why you werew arrested an the laws you broke |
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| appear in court and it is read to you in person "guilty" or "not guilty" |
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| a restriction on expression before publication/broadcast via injunction, agreement, or discriminatory taxation |
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| government can issue an injunction because of ... |
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| national security reasons, or the expression is an immediate and likely harm to the peace. |
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| a contract in which you agree to prior restraint - like a confidentiality contract with the CIA's employees |
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| when the government gives you permission to perform an activity |
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| the "vague and overbroad" tests apply to |
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Definition
| licensing - supreme court hates licensing |
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| licensing is needed for... |
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Definition
| radio, broadcasting, other invasive mediums |
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| when the government attempts to tax expression like what Louisiana gov Huey P Long did to the papers |
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Definition
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Term
| hierarchy of protected speech: |
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Definition
1. political/social
2. commercial, obscene, sexual (not protected
3. fighting words
4. threats |
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Term
| requires the government to prove that speech is unprotected by the 1st amendment rather than requirin ghte media to prove that is IS protected |
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Definition
| 1st amendment due process |
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| gov must always provide notice to public and allow public comment when speech might be restricted |
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Definition
| 1st amendment due process |
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Definition
| 1st amendment due process |
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| the ____ test evaluates gov's regulation of substance of political or social speech |
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Definition
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| strict scrutiny tes ensures the regulations are justified by |
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| strict scrutiny test says that regualtion of speech must be |
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Definition
| narrowly drawn to impose minimum abridgement on expression |
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Term
| doesn't regulate a WHOLE category of subject matter, favors or disfavors a point WITHIN a categoryq |
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Definition
| it's written so unclear that persons of common intelligence cannot understand it |
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| a law is overbroad if.... |
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Definition
| they are clear what they prohibit, they simply prohibit too much |
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Term
| content regulation focuses on: |
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Definition
| the SUBSTANCE of the expression..what is being said is being stopped |
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| content neutral regulation focuses on: |
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Definition
| time place and manner... you can express that, you just can do it here, and this time, or in this way |
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| government owned and managed properties are |
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| public forums that are locations where people assembled back int he day like the capital, a park, town square |
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| traditional public forums |
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| a public forum that is a place set up for people to express themselves, like UH's special student expression area |
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| a forum that the public uses, but is owned by a private party that can grant or limit expression at that place...like an airport where you can't solicit people for money for you cult |
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| public school students... |
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| can be censored and limited if expression is disruptive to learning environment |
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| private school students... |
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| can be censored all kinds of ways |
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| enjoy the same freedoms as adults |
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| broadcasters are limited by licensing due to |
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Definition
| the scare spectrum in which they operate |
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| broadcasters must operate for the public good because of it's ___ nature |
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Definition
| pervasive and intrusive nature |
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| cable operators have a lot of freedom because... |
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Definition
| their content is INVITED into your home when you purchase the channels |
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| Phone companies aren't regulated much because... |
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Definition
| they are just carriers of the messages that run on their lines, they do not produce the messages |
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| internet is not regulated because it is "__" |
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Definition
| "unique and wholly new medium of world wide human communication" |
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