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Shandon
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Common-law tradition
- Legal system based on the accumulated rulings of judges over time and applied uniformly
- the origin is unknown
- origin is more than 1000 years old
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What is the civil law system?
- judge's role is the fact finder
- judge works within a strict framework of rules
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Substantive Law
defines specific rights and duties
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Procedural law
how rights and duties are enforced
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Criminal Law
- body of law that defines offenses against the community at large
- main purpose is punishment
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Main Purpose of civil law
Redress wrongs through compensation
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Federal Courts Jurisdiction
- Federal courts can only try constitutional cases
- federal law policies between US and other countries,
- and cases between states
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Limited Jurisdiction
Judges have limited power and certain cases because of Constitution or federal law
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Original Jurisdiction
Which types of cases?
- Supreme court has power to hear cases first before any other courts can review them
- Cases include: ambassadors, consuls, or public officials
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Appellate Jurisdiction
Supreme court has jurisdiction over all other cases not part of the original jurisdiction
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Trial Court
court of original jurisdiction for evidences first received and considered
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Federal Trial Court is called?
District court
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Define Civil Law
Law imposed by the state
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"en banc"
when you lose a case in front of a 3 judge panel you can argue to have the case reviewed by all judges in circuit (30-judge panel)
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What considerations must be taken into account in regards to merit when president wants to appoint a supreme court justice?
Intelligence, character, background
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What considerations must be taken into account in regards to reward when president wants to appoint a supreme court justice?
- many supreme court justices are friends of president
- or they know president, are political allies etc.
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What considerations must be taken into account in regards to representation when president wants to appoint a supreme court justice?
- appoint judges to represent an unrepresented group
- or to win support from a particular group
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Zelman V Simon-Harris
- Facts: providing education assistance to a failing public school system
- Holding: No establishment clause violation, it was used for valid secular purposes, any type of school could participate
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Engle v Vitale
- Facts: Ny state board of regions drafted a prayer that would be recited at beginning of every school day
- Holding: government doesnt have authority to prescribe prayer
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Employment division v. Smith
- Facts: state employee fired because tested positive for drugs, claimed it was for religious purposes
- Holding: Does not violate Free exercise clause
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Church of Lukumbi
pruposeful interference with religion is considered a violation of Free exercise clause
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