Midterm Review Study Guide
Midterm Review Study Guide SPEA-220
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This 6 page Study Guide was uploaded by David Schell on Thursday March 31, 2016. The Study Guide belongs to SPEA-220 at Indiana University taught by David L. Welch in Spring 2016. Since its upload, it has received 66 views. For similar materials see Law and Public Policy in Linguistics and Speech Pathology at Indiana University.
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Date Created: 03/31/16
V220 Law and Public Policy Midterm 1. The good parts of the Articles of Confederation were that each state would send delegates to be members of Congress. The bad parts of the Articles left no strong national government with no independent judges, no place for criminals to be put away, and there was no way to collect money or even support an army. The Constitution replaced this doctrine to create an equal balance of power among a strong national government that allowed for necessary powers to each branch. 2. In the year 1913, the Senate was elected by state legislatures. 3. The President appoints federal judges. 4. A precedent was a previous court ruling that set legal standards upon which current judges will look to for guidance in making a decision. This is issued when a court applies stare decisis. A precedent is a form of judicial law. 5. Consistent law is important because the citizens of the United States have a right to a fair and just trial. 6. Statutes are usually written generally because the broad language wants to cover all types of situations that arise in an attempt to set down a legal standard that shows what is right and wrong for the whole population. 7. The federal courts are set by geographical boundaries and for large geographical areas there may be more than one branch of the U.S. district court in a state and in total there is over 90 federal district courts. The U.S. court of appeals has 13 courts and are located across the country. Two of these are located in D.C. and the rest are located in other parts of the country. The boundary lines of states define which appellate court has authority over which jurisdiction. 8. The two types of law publications are codes and annotated statute. 9. Codification is the term that applies to incorporating new legislation into existing code or legal standard. 10. A person has to be 30 years old for the Senate and 25 years old for the House of Representatives. 11. The President was selected by members of Congress under the Articles of Confederation. 12. The purpose of new law is to keep up with the changes in society’s views, culture, population and nationwide interests. 13. Motion for summary judgement is the most serious motion filed in a lawsuit because it asks the judge to make a decision based solely on evidence that exists when motion is requested. This motion is made because the evidence is absolutely in favor of one party. The jury is not called upon in this kind of motion as the decision is made by the judge of the court. 14. A lawsuit follows the following structure: complaint is filed by the plaintiff alleging something against the defendant, a summons is then issued to the defendant to inform him or her of the lawsuit, the defendant then sends a response and last the discovery phase where evidence is exchanged for each person to evaluate his or her position. Communication is done mostly by motions. 15. The attorney asks a juror a number of questions and if he/she feels that the person has a bias that would influence the decision, the attorney can challenge the juror’s right to sit on the jury. 16. A plaintiff files a complaint. 17. A default judgement is when the defendant does not respond to the complaint in the correct time period and therefore the judge rules in favor of the plaintiff. 18. In personam jurisdiction is the authority a court has over the person and this jurisdiction gives the court the power to appear in court and respond to a lawsuit. 19. Domicile and waivers are two methods to obtain personal jurisdiction (in personam jurisdiction.) 20. A court obtains jurisdiction if the case falls in their category and subtype based on the rules already in place. 21. In personam jurisdiction is the authority a court has over the person and this jurisdiction gives the court the power to appear in court and respond to a lawsuit. 22. A person’s best alternative is to challenge the will in a probate court. 23. A codicil is an amendment to the existing will. In class, we talked about how its best to amend the will if the previous will was mentioned in the updated one. For example, if the testator originally said in October that he wanted Joe to get his whole estate, but in April the testator wants Jane to get the estate, then the testator would say something like, “I (the testator) previous said in October that I want my estate to go to Joe but now as of April I want my estate to go to Jane.” By mentioning the previous will, there is no suspicion once the testator dies. 24. Per Capita distribution is equal distribution of an estate to each person that is related to the testator. This type of distribution is not used very often. 25. Probate cases typically hear cases related to the estates of the deceased or to the assistance of persons under legal guardianship. 26. A valid will doesn’t typically require witnesses to testify to the specific intent of the testator. 27. Being legally incompetent means that a testator is not in the right state of mind to complete his or her will. 28. An Intestate is when someone does no leave a known or valid will. When this happens, the state divides up the estate based on their law and this is known as intestate succession. 29. The Supreme Court is not the main source of all law. Remember, the executive branch has the power to create statutes or statutory laws. 30. Citizens have the most contact with the legislative branch of the government. 31. The sociological theory is the idea that the government should make laws to reflect the current society’s needs. 32. False statement: Each state legislature determines the manner in which the electors are appointed. (Note: this was true under the Articles of Confederation) 33. The two primary elements of administrative law are administrative regulations and administrative decisions. 34. The court of last resort is the U.S. Supreme Court. 35. If an individual wants to challenge statutory law, he or she must reach out to the judicial branch who has the power to decide whether or not statutes should be upheld. 36. The court of original jurisdiction is the court where the case is heard and decided on for the first time. 37. Statutes are usually general. 38. The two types of courts are appellate courts and trial courts. 39. The difference between common law and case law is that common law are newly established legal principles and case law is the application of stare decisis. Both are created by the judicial branch of government. 40. The legislative branch, or Congress, has the power to regulate commerce. 41. The Bill of Rights was the first protective measure made by the government. 42. The requirements for a U.S. Senator are that a person has to be 30 years old, 9 year citizen of the U.S. and must live in the state that he or she is representing. 43. Workers compensation laws are examples of remedial statutes. 44. The delegation doctrine is the principle that Congress hold the power to make statutory law and no other branch can do the same. Congress can, however, give power to administrative agencies to enforce the statutes that the legislative branch sets in place. 45. The federal agencies increased in number during the Great Depression and World War II because the country was going through some major social, economical and political changes to keep the country prosperous. 46. You can challenge a juror in the first stage of trial and this could either be a peremptory challenge or a challenge for a cause. 47. Polling a jury is important to “weed out” any potential biases against the case. 48. A motion for sanctions is a motion that seeks punishment of the party who did wrong. This motion is used during the discovery of during the proceedings when one party believes that the other is disregarding procedural rules of the court. 49. The first step in a bench trial is voir dire which means the jury will be selected for the case presented. 50. Probate cases typically hear cases related to the estates of the deceased or to the assistance of persons under legal guardianship. 51. The term pendent jurisdiction means the federal court hears a federal claim to hear claims about state law to determine interrelated claims based on state law. 52. A corporation’s domicile is in the state of incorporation and must have a registered agent in the business conducted in other states so they can accept notice of the lawsuits at hand. 53. The law does treat a corporation as a domicile. 54. Federal jurisdiction must meet the following three requirements: need a decision based on federal law, the U.S. is a party in the case, or diversity of citizenship and a dispute that exceeds $75,000. 55. This is a false statement: Corporations, by reference, applies only in cases where decedent was a shareholder in a corporation. 56. The burden(s) of proof for a will contests are mistakes, duress (improper influence) or fraud. 57. Per Capita distribution is equal distribution of an estate to each person that is related to the testator. This type of distribution is not used very often. 58. The time period between the Articles of Confederation and the U.S. Constiution was 11 years. 59. The role of the press was to gain support for the Constitution. 60. The “Supreme law of the land” is the Constitution. 61. The powers NOT provided by the Articles of Confederation are the power to tax, power to regulate interstate commerce, and power to regulate foreign commerce. 62. James Madison took notes at the convention and sent them to France. 63. The small states were favored in the electoral system because the small states get equal representation in the Senate.
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