SPEA-V 184 Exam 1 Questions and Answers(A+ Solution guide)

Common Law - law derived from judicial decisions instead of from statutes English Common Law - most U.S. states have reception statutes/ you can rely on English common law in the U.S. Articles of Confederation - Weak central government, w/ 3 broad limitations: 1. economic disorganization 2. lack of central leadership 3. legislative inefficiencies Constitution aimed to address: - 1. Separation of Powers (3 branches) 2. Checks & Balances 3. Federalism (Supremacy Clause) Federalism - government w/ division of powers between two government bodies and equal status U.S. Federalism - meant to eliminate the disadvantages of confederation and a unitary government Where does the National Gov. get its power? - Delegated Power, Implied Power, and Inherent Powers Delegated power - from Constitution Implied Powers - necessary and proper clause3 Branches of Government - 1. Legislative (makes laws) Article 1 2. Executive (veto power) Article 2 3. Judicial (mediator, weakest branch) Article 3 Case Law - application of stare decisis Court of Original Jurisdiction - where a case is heard for the first time Appellate Jurisdiction - power to review a lower court's decision en banc - decision made in an appellate court How many US Court of Appeals are there? - 13 circuit courts 2 methods of Supreme Court review - 1. Right (right to specific cases) 2. Certior ari (authority to a number of cases) Legal Analysis - examining precedent to predict its effect on future similar circumstances Barron v Baltimore - -Bill of Rights only applies to federal government -14th Amendment later applied the Bill of Rights to all government bodies Cooper v Aaron - -Supreme Court's interpretation is final - Supremacy Clause Supremacy Clause - U.S. Constitution is the supreme law of the land Marbury v. Madison - - Established Judicial review- 3 issues: commission, remedy, writ of mandamus) - Original and appellate jurisdiction Judicial Review - Supreme court has the final say on laws/ constitution Brown v. Education - state shall not deprive equal protection Rule of Law - principle that the law applies to everyone, even those who govern Little Rock 9 - Earnest Greene was 1 of 9 who graduated, national guard had to come in (Rule of Law) Martin V. Hunter Lessee - -Appellate Jurisdiction -Supremacy Clause Eminent Domain - 5th amendment (taking private property for public use) Per curium - all judges agree