ISS_225_Final - ISS 225: POWER, AUTHORITY & EXCHANGE...

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Study Guide, Final Exam, Fall 2010 Unit IV: Courts and Civil Liberties Professor Molloy The final exam will be given in the regular classroom 101 North Kedzie. Section 002 will take its final on Tuesday, Dec. 14 from 7:45-9:45 a.m. Section 003 will take its test on Wednesday, Dec. 15 from 10 a.m.-12 noon. The classroom is not large enough to accommodate two large sections, so you must take the exam when it is scheduled by the university. The final will cover all reading assignments indicated on the 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 and lecture materials presented November 9-December 10. 1 THE COURTS Why is it said that the U.S. has a dual court system? The dual court system is the distinction of state and federal courts that make up the judicial branch of government. Where a case does not involve the government or multiple states, the state court has been assigned jurisdiction as stated in the United States Constitution. What is the meaning of the concept of jurisdiction? jurisdiction is a term that refers to whether a court has the power to hear a given case. Jurisdiction is important because it limits the power of a court to hear certain cases. If courts did not exercise appropriate jurisdiction, every court could conceivably hear every case brought to them, which would lead to confusing and contradictory results. What are Federal constitutional courts? Federal legislative courts? These courts, then, are not constitutional courts, in which the judicial power conferred by the Constitution on the general government, can be deposited. They are incapable of receiving it. They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables Congress to make all needful rules and regulations, respecting the territory belonging to the United States What is the meaning of the doctrine of “presumption of validity?” If its patented its real. What is the “common law?” Statutory law? What is the meaning of the term “ stare decisis ?”? is law developed by judges through decisions of courts and similar tribunals written law (as opposed to oral or customary law ) set down by a legislature is a legal principle by which judges are obliged to respect the precedents
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established by prior decisions What is the difference between a misdemeanor and a felony? potential punishment. If a law provides for imprisonment for longer than a year, it is usually considered a felony. If the potential punishment is for a year or less, then the crime is considered a misdemeanor. What happens in the event of a conflict between a state law and a Federal law or a state law and a U.S. treaty?
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ISS_225_Final - ISS 225: POWER, AUTHORITY & EXCHANGE...

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