Introduction to Public Law
Introduction to Public Law PLS 207
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This 2 page Class Notes was uploaded by Moshe Romaguera on Saturday October 3, 2015. The Class Notes belongs to PLS 207 at California State Polytechnic University taught by David Speak in Fall. Since its upload, it has received 50 views. For similar materials see /class/218276/pls-207-california-state-polytechnic-university in Political Science at California State Polytechnic University.
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Date Created: 10/03/15
PLS 207 Intro to Law Professor Speak Fall Quarter 2011 Cal Poly Pomona Getting Ready for the Midterm 103111 The Midterm exam will consist of several essay questions of varying weights and lengths In your answers remember that your goal is to demonstrate that you ve done the assigned reading have paid attention in class and have thought about the apposite issues Specific references to reading or to lecture material will bolster your demonstration The major questions will come from the following list my choice not yours You should prepare answers to these questions in any fashion you wish working collaboratively if that suits your circumstances but the exam is closed book no notes so whatever you prepare you should commit to memory Sometimes students write out complete essays in anticipation of the exam and then study those Sometimes outlines work best Miemonic aids are often helpful make an acronym of the first letter of each point in your outline or find a colorful analogy Do whatever it takes to get the stuff readily available to you when you sit down to write the exam Please bring to class on the morning of the exam one or two blank largeformat bluebooks 7 don t even write your name thereupon as we will trade bluebooks before the exam begins a Contrast the civil Roman law and common law traditions and explain how each deals with the need to stay the same and the need to keep up with an everchanging world Roman Acts of law passed by governing bodies Interpreted by common law Able to be made obsolete if evolving interpretations alter meaning Stays the same so people know if they do a then b will happen altersshapes the future behavior Common Flows Based on past decisions by judge or jury Precedent is everything nothing new Changes with societal mindset since members of society are those that set the law Can both change future and past b Explain the structure of courts in the US including the hierarchical structure within each system trial courts appellate courts supreme courts as well as the existence of two court systems in every state Gederal courts and state courts c Explain the difference between civil law and criminal law including an explanation of the players and their parts Civil 7 for money damages citizen to citizen 2 private parties Transgression against other party member Burden of proof if the evidence shows that they are more likely than not then they have right to sue 7 falls on plaintiff Based on code judge decide based on code but does not influence Liable v not liable Paying damages Over a certain amount of money fed or state Criminal 7 for punishment government v citizen Guilty v non guilty Punishment not damages Equal opportunity to representation Gideon Burden of Proof with the prosecution State Beyond a reasonable doubt Transgression against government and victim gov in charge of the criminal suit victim can bring separate suit State and Federal law BOTH Judge makes decision of procedure evidence admitted scheduled dates d We ve talked about how every time a court is asked to make a decision they have to decide first whether that is a decision they can make Explain this in terms of threshold questions like standing jurisdiction and justiciability eg in finding a political question the Court says this is a decision best made by one of the political branches of government but also deference questions like the Chevron rule this is a decision properly made by the administrative agency as well as basic questions of stare decisis the decision has already been made by a prior court Standing first brought up in Marbury v Madison Can t decide on case bc the law that told us to decide on this is wrong 7 case at hand was no standing Chevron Rule 7 defer to an agency they know best but also did the the agency have the authority Stare decisis 7 let the decision of the lower court stand Question on merit Can we make this deicion e Write an essay that emphasizes the ways in which our real legal system isn t what most folks imagine7 that is explain how the legal system addresses the future as much as the past Also explain the tension that exists in playing fair to the past and also creating the future we want this might 7 but might not always7be the same as the tension between seeking justice in the instant case and finding the proper rule for all cases In uence f Explain all of the following symbols 539 US 558 572 2003 16 Wall 36 1873 15 USC 205l The Consumer Product Safety Act Of 1972 25 LEd 2d 287 1970 A small essay question would be Identify if as it relates to DeWeerth v Baldinger civil procedure and the larger question of making a system of law workfar us The blank would be filled in by an item from the two lists taken from Humbach available on Blackboard
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