Courts supreme Review
Judicial Review versus Judicial Activism
Courts role in Policy Making
Constitutions broad outline => open to interpretation
Evolution & status of Supreme Courts power
Role of precedence:
Article VI and establishment of National S
Courts Environmental Law
Area of law concerned with protecting and preventing harm to people and the
environment from pollution and toxic substances
The Environmental Protection Agency- EPA- a federal is charged with protecting
Courts Enforcement Review
ENFORCEMENT OF CWA
Civil and criminal sanctions
Criminal penalties: lst offense $2500; sub-sequent offense to $50,000 per day and
2 years in prison; state and federal
Private actions by those adversely affected from violations
Courts act Reviews
FAIR HOUSING ACT- REMEDIES HANDICAP DISCRIMINATION
In Civil Action recover
Attorneys Fees; and
Costs and other appropriate relief
AMERICANS WITH DISABILITIES ACT
Title II o
Courts Liability Review
LIABILITY OF PROPERTY OWNER/OCCUPIER FOR INJURY TO THIRD PARTIES
Liable to business invitees when injuries caused by failure to use reasonable care
to keep property to keep property safe
Business invitee on premises for purpose of
Courts Plea Review
Of the estimated 1,079,000 felons convicted in state courts in 2004, the vast
majority (95%) of those sentenced for a felony pleaded guilty.
The remaining 5% were found guilty either by a jury (2%) or by a judge in a
Courts Types Review
What kinds of cases can a federal court hear?
The court must have jurisdiction:
The power, right, and authority to interpret the law.
Two types of federal-court jurisdiction:
Courts Trial Review
State courts can hear any kind of case, unless a federal statute states otherwise.
Limited v. general jurisdiction.
Geographic: Usually by county.
Parties = Plaintiff and defendant.
Intermediate Appellate Cou
Courts System Review
Step 1-State Court System
Probate Court deals with estate issues
Family Court - deals with adoption, divorce, custody issues.
Small Claims Court Lower dollar amounts
Courts Real Property Review
DEFINITION OF REAL PROPERTY
Land and those things firmly attached to or embedded in the land
Air above land
Building on it
Other permanent structures
Minerals below surface