LEGL 2700 Chapter 3 - Roessing

Draco(Draconian Law)

Laws harsh in favor of Aristocracy. Also very authoritative

Adversarial Court

Lawyers will fight for their clients only to the point of not lying under oath to the Judge or Jury.

Solo

Opposite of Draco reverted all that he did and introduced Populist laws

Lycurgus(Sparta)

Property laws was present and it believe in Kings > aristocracy > common people

federal-question cases

based on issues arising out of the U.S. Constitution or out of federal statutes. Any amount of money may be involved in such a case, and it need not be a suit for damages.

Lex Talionis

"Eye of an Eye"; the punishment first the crime

Statute of Limitations

A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.

Roe v. Wade (1973)

Abortion rights fall within the privacy implied in the 14th amendment

Henry II

Centralized the process of Judges. Collected their opinions.

writ of mandamus

Court order directing an official to perform an official duty.

Code of Hammurabi

First written set of laws, the laws were authoritative so it was hard to change them (plus they were written in stone)

Subject matter jurisdiction

For any court to hear and decide a case at any level, it must have __________. The power over the issues involved in the case.

Court of Appeals

In states with two levels of review, the intermediate courts are usually called the ___________.

Supreme Court Justices

Roberts(C), Thomas(C), Ginsberg(L), Sotomayor(L), Gorsuch(C), Breyer(L), Kavanaugh(L), Kegan(L), and Alito(C).

Lawrence v. Texas (2003)

Ruling to the right of Sodomy (gay sex) and said that restricting it was unconstitutional.

Sea Search Armada v. Republic of Columbia(2011)

Shipwreck of the San Jose. Had Billions worth of gold. Government made a 50/50% but after a change a government they changed the percentage to 95/5% changing the deal was thrown out from U.S. courts because of Statute of Limitations.

Justinian Code

Standardization by writing down the laws. Had property rights and Christianity is the state code

Appallate Court

The court that reviews the decision of a trial court to see if there is a problem with the decision of law. Can happen 2-3 times per case.

Federal Rule of Civil Procedure

The details concerning procedures to be followed in federal court litigation. These rules are strictly enforced by the courts and must be followed by the parties in every lawsuit.

Reverse

The higher court says that the Judge got it wrong and the case is switched

Supreme Court

The highest court of Appeals

Inquisitional Court

The lawyers try to help the judge to understand the truth not client based.

appeal

The parties to litigation are entitled as a matter of right to a review of their case by a higher court

Stanely v Georgia(1969)

The right pornography in private/ in your home.

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

judicial activism

Those who believe judicial review should be used often when there is a need for it in society.

judicial restraint

Those who believe judicial review should not be used unless its an unusual case

Trial by Ordeal

a primitive method of determining a person's guilt or innocence by subjecting the accused person to dangerous or painful tests believed to be under divine control

writ of certiorari

a request by the losing party in the court of appeals for permission to file an appeal with the U.S. Supreme Court. In such situations, the Supreme Court has discretion as to whether or not it will grant the petition and allow another review.

Obergefall v Hodges (2015)

fourteenth amendment requires states to license civil marriage between two people of the same sex and to recognize the marriage of two people of the same sex when it was lawfully licensed and performed out of state.

diversity of citezenship

requires that all plaintiffs be citizens of different states from all defendants. If a case involves a party on one side that is a citizen of the same state as a party on the other, there will then be no diversity of citizenship and thus no federal jurisdiction

remand

send it back to the original court and have a new trial.

Griswald vs. Connecticut(1965)

the Supreme Court ruled that a state's ban on the use of contraceptives violated the right to marital privacy

trial court

the first court to hear a criminal or civil case

Judicial Review

the power to review laws passed by the legislative body and to declare them to be unconstitutional and void. It also allows the courts to review actions taken by the executive branch and to declare them unconstitutional.

Magna Carta

the royal charter of political rights given to rebellious English barons by King John in 1215

petit jury

the trial jury that returns a verdict in both situations. Although juries are used in only a very small percentage of all cases, they remain critical to the administration of justice.

affirm

when a higher court agrees with the lower court on a case