US Constitution
This Article of the US Constitution created the judicial branch.
What branch of government did Article 2 of the US Constitution create?
This is the formal term for "precedent".
What is "stare decisis"?
The two types of court systems in the US
What is the federal and state systems?
The type of DISCOVERY that is oral and not written.
What is a deposition?
When judges make legal interpretations, this is often referred to as this (hint - it's based on tradition as well)
What is common law?
The system of government that the US follows
What is federalism?
The type of jurisdiction where courts have plaintiffs and defendants.
What are courts of original jurisdiction?
The 4 types of pleadings in a court case that can be filed and who files them.
What are the:
Complaint (Plaintiff)
Answer (Defendant)
Cross-Complaint (Defendant)
Reply (Plaintiff)?
The 2 most used forms of Alternate Dispute Resolution (ADR)
What are mediations and arbitrations?
The EPA and FDA are considered to be this.
What is an Administrative Agency?
2 Amendments that deal with Due Process
What is the 5th and 14th Amendment?
The location where the court should be heard based on that is where the incident occured.
Three types of motions heard before or during the trial.
What are:
Motion on the Pleadings
Motion for Summary Judgement
Motion for Directed Verdict?
The 3 branches of government and how they affect the law.
What is:
Legislative - make laws
Executive - enforce laws
Judicial - interpret laws?
This is a type of an affirmative defense that would give the defendant an absolute defense to a charge due to the timeliness of the filing
What is Statute of Limitation?
This amendment of the US Constitution gave all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states.
What is the 10th Amendment?
This is the 2 types (3 really) of jurisdiction that courts must have in order to hear a case
What are Subject Matter jurisdiction (must have) and either In Personum or In Rem?
This part of the 14th Amendment prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities
What is the Privileges & Immunities Clause?
The 3 tests under the Equal Protection Clause of the 14th Amendment
Strict Scrutiny (applies to race only)
Intermediate Scrutiny (applies to gender and age)
Rational Basis test (other)?
This Amendment protects citizens from invasion of privacy
What is the 4th Amendment?
Provide 3 examples of the ways in which the 3 branches check the other branches.
What is:
Legislative - overturn vetoes from Executive Branch; hold hearings on appointees to the US Supreme Court; impeach a President or sitting Judge; make a law; change the US Constitution; approve treaties signed; amend the US Constitution.
Executive - veto a law passed; appoint a US Supreme Court judge; create federal courts;
Judicial - declare laws/treaties/executive orders unconstitutional; hold the impeachment hearings;
The two types of commerce under the Commerce Clause
What are interstate and intrastate?
The decisions that an Appeals Court can render & the decisions individual judges can make (hint 3 each)
What are:
Court: Affirm, Reject, Remand
Judges: Agree, Concur, Dissent?
Two types of Due Process
What are substantive and procedural?
Types of speech that are unprotected by the First Amendment (3 types)
What is treason, hate speech, obscene speech, fighting words?