ISS_Study_Guide_4 pt 1 - ISS 225 POWER AUTHORITY EXCHANGE...

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ISS 225: POWER, AUTHORITY & EXCHANGE Study Guide, Final Exam, Fall 2006 Unit IV: Courts and Civil Liberties (revised, November 2, 2006) Professor Molloy The final exam will be given on Thursday, December 14, from 12:45-2:45 p.m . Room location to be announced in class. It will cover all reading assignments indicated on course outline for Unit IV: all of Molloy book, U.S. Constitutional Freedoms in the 21 st Century ; Chapter 6 in Politics, Power and Authority All materials covered in lectures from November 6 through December 6 also are part of your test preparation responsibility. THE COURTS Why is it said that the U.S. has a dual court system? There are the state and local courts and the federal courts. What is the meaning of the concept of jurisdiction? A court has the right to hear a particular type of case. This right is granted either by a Constitution or by a statute. Without jurisdiction, a court lacks authority to decide a dispute. Jurisdiction of state courts is very broad, while Federal courts have more limited jurisdiction. What are Federal constitutional courts? Established by Congress under Article III Section 1. It declares the judicial power of the US shall be vested in one Supreme Court and inferior courts as the Congress may form time to time ordain and establish. Main constitutional courts include US Court of Appeals and the US Supreme Court. Ones w/specialized subjects are Court of International Trade(Tariff law), the Court of Customs and Patent Appeals and the US Court of Appeals to for the Federal Circuit. Federal legislative courts? Created by Congress under Article I section 8 to “constitute tribunals inferior to the Supreme Court” and expressed powers to legislate in specific areas. Main legislative courts include US Court of Military Appeals (reviews court martials), US Tax Court (settles disputes between taxpayers and the IRS), Federal territorial courts and the US Claims Court (trial court that hears financial claims against the Federal government. What is the meaning of the doctrine of “presumption of validity?” In theory, courts must assume that, unless the burden of the evidence is clearly to the contrary, legislatures would not enact or executives sign into law measures which violate the Constitution. Presidents and members of Congress, governors and state legislators, local officials and others presumable take their oaths of office seriously. What is the “common law?” Refers to a judge mad law that originated centuries ago in England, where judges applied the customs of the people to resolve disputes. It is the basis of legal procedures in every state except Louisiana, where the French legal tradition is still important. Statutory law? Written law enacted by Congress or the state legislature.
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