Administrative Law
Name three administrative agencies.
1.Environmental Protection Agency (EPA)
2.The Food and Drug Administration (FDA)
3.The Federal Communications Commission (FCC)
What are the sources of criminal law?
Statutes, common law
Name two actions the UN can take if your state violates the UN charter.
Political condemnation, UN Security Council action, resolutions, sanctions, arms embargoes, referral to ICJ, etc.
Describe the hierarchy of federal courts.
District, appellate, SCOTUS
What is the rule of lenity?
When a criminal statute is ambiguous or unclear, the rule of lenity dictates that the court should interpret it in favor of the defendant.
How do regulatory agencies derive their authority?
Legislation passed by a legislative body
What is the Supremacy Clause?
Federal law generally takes precedence when there is a conflict between federal and state or local laws.
What is the main difference between the ICJ and ICC?
International Court of Justice (ICJ) –Disputes between states
International Criminal Court (ICC) -Genocide, crimes against humanity, war crimes, and crimes of aggression
How many judges hear your case at the district level, appellate level, and Supreme Court level?
1, 3, 9
What does guilt beyond a reasonable doubt mean?
The prosecution must prove the defendant’s guilt beyond a reasonable doubt. Around a 95% level of certainty.
What is the arraignment stage of the criminal justice process?
The defendant is formally charged with the crime and enters a plea (guilty, not guilty, or no contest).
Why is the US not a part of the ICC?
US has expressed concerns about the potential for politically motivated prosecutions of American citizens.
Which courts have appellate jurisdiction?
Appellate courts, Supreme Court
What is an en banc hearing?
Cases may be heard by a larger group of judges in what is called an "enbanc" hearing. Happens at the appellate level.
What is the Looper Standard?
“Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.”
What are three common defenses in criminal law?
Self-defense, insanity, intoxication
What interpretation style do you start with in international law?
Plain meaning (comes from Article 31 of the Vienna Convention)
Which level of courts investigates the facts of a case?
District
What are the three decision-making models of judicial behavior?
Why do we need regulatory agencies?
Enforce compliance with laws and regulations established by legislative bodies
Describe the difference between actus reus and mens rea.
Actus Reus: Explain how a physical act or omission can constitute a criminal offense
Mens Rea: Describe the different mental states and how they relate to criminal liability
True or False: The ICJ can provide advisory opinions on legal questions.
True
What does it mean that the Supreme Court has a discretionary docket?
Court gets to set its agenda.
What is the discovery stage?
The parties engage in the discovery process, which allows them to gather evidence through methods such as depositions, document requests, and more.