JRN430 Midterm answers
1. Universally applicable
2. Clear, precise & stable
3. Fair & with no undue discretion
4. Timely✔✔What are the 4 facets of the rule of law
where something can be tried geographically or topically✔✔What is jurisdiction
unwritten "common law" from prior court decisions✔✔precedent
Aka tort law. It seeks to establish liability and restitution between two parties. The
plaintiff in a civil law. Judge decides facts and law.✔✔What is civil law?
a system of law concerned with the punishment of those who commit crimes.
Outcome decided by jury. Can establish precedent✔✔What is criminal law?
Affirm
Overrule
Reprimand✔✔Decisions of the court
Opinion of single judge agreeing with majority decision, but based upon different
reasoning✔✔concurring opinion
Disagree with majority opinion and challenge reasoning or legal basis of
decision✔✔Dissenting opinion
customs & precedents✔✔What is common law based on
order seeking review of a lower court case: granting review✔✔What is a Writ of
Certiorari
decision sent by the court✔✔What does Per Curiam mean
13✔✔How many circuits in the US circuit of appeals
the best way to interpret the constitution is to look at the original intentions of the
law✔✔What does an originalist believe
the best way to interpret the constitution is to look at the literal text of the
law✔✔What does a textualist believe
a submission to the court from a friend of the court✔✔What is an amicus brief
friend of the court✔✔What is an amicus curiae
to reverse the decision✔✔what does it mean to overrule a decision
, to send the decision back to the lower court✔✔what does it mean to remand a
decision
the authority to consider some types of cases at inception✔✔what is original
jurisdiction (SCOTUS)
1. Constitutional law
2. Statutory law
3. Administrative law
4. Executive orders
5. Common law
6. Equity law✔✔what are the 6 sources of law
law from the constitution: establishes the functions and limits of the govt✔✔what is
constitutional law
stand by the previous decision✔✔stare decisis
written law enacted by city, county, state, and federal bodies✔✔what is statutory law
the application of general ethical and fairness principles in the law, made by judge
decisions✔✔what is equity law
precedent based law✔✔what is common law
law made by administrative agencies to carry out duties✔✔what is administrative law
obvious meaning of a legal text✔✔facial meaning
a rule or order issued by the president to an executive branch of the government and
having the force of law✔✔what are executive orders
established the power of judicial review✔✔Marbury v. Madison
two private individuals: plaintiff and defendant✔✔who are civil suits between
Law that deals with harm to a person or a person's property; seek compensatory
damages✔✔Tort Law
a motion to dismiss for failing to state a valid cause-of-action: complaint cannot be
remedied by law or is insufficient✔✔what is demurrer
any interactive communication that involves political change✔✔what is political
speech
1. Universally applicable
2. Clear, precise & stable
3. Fair & with no undue discretion
4. Timely✔✔What are the 4 facets of the rule of law
where something can be tried geographically or topically✔✔What is jurisdiction
unwritten "common law" from prior court decisions✔✔precedent
Aka tort law. It seeks to establish liability and restitution between two parties. The
plaintiff in a civil law. Judge decides facts and law.✔✔What is civil law?
a system of law concerned with the punishment of those who commit crimes.
Outcome decided by jury. Can establish precedent✔✔What is criminal law?
Affirm
Overrule
Reprimand✔✔Decisions of the court
Opinion of single judge agreeing with majority decision, but based upon different
reasoning✔✔concurring opinion
Disagree with majority opinion and challenge reasoning or legal basis of
decision✔✔Dissenting opinion
customs & precedents✔✔What is common law based on
order seeking review of a lower court case: granting review✔✔What is a Writ of
Certiorari
decision sent by the court✔✔What does Per Curiam mean
13✔✔How many circuits in the US circuit of appeals
the best way to interpret the constitution is to look at the original intentions of the
law✔✔What does an originalist believe
the best way to interpret the constitution is to look at the literal text of the
law✔✔What does a textualist believe
a submission to the court from a friend of the court✔✔What is an amicus brief
friend of the court✔✔What is an amicus curiae
to reverse the decision✔✔what does it mean to overrule a decision
, to send the decision back to the lower court✔✔what does it mean to remand a
decision
the authority to consider some types of cases at inception✔✔what is original
jurisdiction (SCOTUS)
1. Constitutional law
2. Statutory law
3. Administrative law
4. Executive orders
5. Common law
6. Equity law✔✔what are the 6 sources of law
law from the constitution: establishes the functions and limits of the govt✔✔what is
constitutional law
stand by the previous decision✔✔stare decisis
written law enacted by city, county, state, and federal bodies✔✔what is statutory law
the application of general ethical and fairness principles in the law, made by judge
decisions✔✔what is equity law
precedent based law✔✔what is common law
law made by administrative agencies to carry out duties✔✔what is administrative law
obvious meaning of a legal text✔✔facial meaning
a rule or order issued by the president to an executive branch of the government and
having the force of law✔✔what are executive orders
established the power of judicial review✔✔Marbury v. Madison
two private individuals: plaintiff and defendant✔✔who are civil suits between
Law that deals with harm to a person or a person's property; seek compensatory
damages✔✔Tort Law
a motion to dismiss for failing to state a valid cause-of-action: complaint cannot be
remedied by law or is insufficient✔✔what is demurrer
any interactive communication that involves political change✔✔what is political
speech
