midterm compilation

midterm compilation - 8/29 Common law system the basis of...

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8/29 Common law system – the basis of law is judicial decision making - stare decisis : let the decision stand Judiciary – meant to interpret the laws, but actually makes laws - right to privacy for example: Griswold v. Connecticut congressional override: congress passes a bill, pres signs it, then the supreme court interprets it differently … so the congress overrides it. Civil Law – legislative body dictates specific details of what each law incorporates - thus reducing the power of the judiciary - Japan and Germany o Culture is what normally determines civil v. common * Is the US a common law society? No, not over the past 200 yrs with congress’s aggressive actions Constitution Legally binding document that created a national government and divides power amongst various branches Popular Sovereignty o To truly understand the con. you must understand who controls the power : the people o It is the justices job to uphold the constitution, therefore it is the justices job to uphold the will of the American people. Federalism o Unitary Gov: National ---State---- Citizens More power concentrated nationally and less on citizens. o Confederal gov: o Separation of Powers Representative Gov. o Appellate jurisdiction Writ of certiorari – Congress can choose which kinds of cases can be heard o Original jurisdiction Article 1: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. *Vesting clause – very restrictive, but outside of the powers there are none *necessary and proper clause – giving congress any powers that are necessary and proper *interstate commerce Article 3 *describes the court system Article 4 *full faith and credit clause : each state will comply with the judicial proceedings of other states *privileges and immunities clause: all citizens are equal - congress can restrict if they feel it is necessary - DOMA restricted gay marriage Article 5 Amending Article 6 logistics Article 7 ratifying
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9/5 *Doctrine of comity – accepting the jurisdictions of other courts - refers to the Privileges and Immunities Clause (Article 4) *Supremacy clause- federal government holds jurisdiction over the powers held by the states i. Article 3 courts a. US SC i. Serve for life (exceptions: impeachment or death) ii. O’Brien’s “9 separate law firm” metaphor b. US Circuit Court of Appeals i. Pg 109 ii. 9 th circuit – 28 judges iii. En Banc – large circuit of judges that come together for rehearing cases 1. 3 judge panels c. US district Court i. Federal Trials 1. 1 judge 2. 96 courts ii. CA system a. CA SC i. 1 chief, 6 justices ii. appointed by governor for 12 years iii. Confirmed by CA senate b. CA DCA i. Difference: thought of as one court while there are numerous districts 1. Ex. LA to 2 nd
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This note was uploaded on 05/12/2008 for the course POSC 340 taught by Professor Auerbach during the Spring '07 term at USC.

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midterm compilation - 8/29 Common law system the basis of...

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