CourtsJudicialProcessMidtermReview (2)

CourtsJudicialProcessMidtermReview (2) - The exam will...

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Courts and Judicial Process Midterm Review Outline of Topics and Important Concepts The exam will require you to define, as well as, critically analyze the topics we’ve covered. This list is merely a guide. It is not a comprehensive list of all possible exam topics. All assigned readings and things covered in lecture are fair game for the exam even if not explicitly mentioned below. Additionally, some of the topics listed may not directly appear on the midterm exam. Introduction and the Role of Courts Social scientific study the law - The study of law crosses the boundaries between the social sciences and humanities, depending on one's view of research into its objectives and effects. Law is not always enforceable, especially in the international relations context. It has been defined as a "system of rules”, as an "interpretive concept" to achieve justice, as an "authority” to mediate people's interests, and even as "the command of a sovereign, backed by the threat of a sanction" • Sources of law - constitution (federal and state) fundamental law: what government can do… statutes (federal and state) law passed by legislature, directed at society (conduct, benefits) The role of the Court in the U.S. political system – dispute resolution, behavior modification, e.g. false claims ads; whistle blowing, allocation of gains and losses, policymaking; creation and application of authoritative rules, other branches do this too Article III Federalist 78 • Marbury v. Madison - This case resulted from a petition to the Supreme Court by William Marbury , who had been appointed by President John Adams as Justice of the Peace in the District of Columbia but whose commission was not subsequently delivered. Marbury petitioned the Supreme Court to force Secretary of State James Madison to deliver the documents, but the court, with John Marshall as Chief Justice, denied Marbury's petition, holding that the part of the statute upon which he based his claim, the Judiciary Act of 1789 , was unconstitutional. Marbury v. Madison was the first time the Supreme Court declared something "unconstitutional ", and established the concept of judicial review in the U.S. (the idea that courts may oversee and nullify the actions of another branch of government ). The landmark decision helped define the "checks and balances " of the American form of government .
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