Midterm Study Guide - Introduction to Public Law | PLS 207 | Study notes Political Science

PLS 207 Intro to Law Professor Speak

Fall Quarter 2011 Cal Poly Pomona

Getting Ready for the Midterm 10/31/11

The Mi dterm 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 pai d attention in class

and have tho ught a bout t he apposite issues . Specific references to reading or to l ecture material will bol ster

your demonstration. The major quest ions will come fro m the following list (my choice, not yours).

You should prepare answers to these questi ons in any fashion you wish, working collaborati vely if that suits

your circumstances, but the exam is closed book no notes, so whatever you prepare you should commit to

memory. Som etimes students write out complete essays in anticipation of the exam and then stud y thos e.

Sometimes outlines work best. Mnemonic aids are often helpful (make an acronym of the first let ter of each

point in your outline, or find a colorful analog y). Do what ever it takes to get the stuff readi ly 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 large-format bluebooks – don’t even write

your name th ereupon as we will trade bluebooks before the exam begins .

a. Co ntrast the civil ( Roman) law and common law traditions and explain how each deals with th e need to stay

the same and the need to keep up with an ever-changing world.

Roman:

Rigid

A + B = C

Acts of law passed by governin g bodi es

Interpreted by com mon law

Able to be made ob solete if evolving inter pretations alter meaning

Stays the sa me so people know if they do a then b will happen, alters/shapes the future b ehavior

Common:

Flows

Based on pas t deci sions by judge or jury

Precedent is everything, nothi ng new

Changes with societal mi ndset since members of society are those that set the law

Can bo th change future and past

b. Explain the st ructure of courts in the US, including the hierarchical structure within each system (trial courts,

appellate co urts, supreme courts) as well as the existence of two co urt systems in every state (Federal courts and

state courts).

c. Explain the difference bet ween civil law and criminal l aw, including an explanation o f the players and their

parts.

Civil – for money (damages, ci tizen to cit izen 2 private parties)

Transgression against ot her party member

Burden of proof if the evidence shows that they are more likely than not, then they have right to sue –

falls on plaintiff

Based on code, judge decide based on code but does not influence

Liable v not liabl e

Paying damages

Over a certain amount of money = fed or st ate

Criminal – for pun ishmen t (gov ernment v ci tizen)

Guilty v non guilty

Punishment (not damages)

Equal opportunity to representation (Gideon)

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Download Midterm Study Guide - Introduction to Public Law | PLS 207 and more Study notes Political Science in PDF only on Docsity!

PLS 207 Intro to Law Professor Speak

Fall Quarter 2011 Cal Poly Pomona

Getting Ready for the Midterm 10/31/

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. Mnemonic 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 large-format bluebooks – 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 ever-changing world. Roman: Rigid A + B = C 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, alters/shapes 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 (Federal courts and state courts). c. Explain the difference between civil law and criminal law, including an explanation of the players and their parts. Civil – 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 – 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 – 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 (e.g. 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 – case at hand was no standing Chevron Rule – defer to an agency, they know best but also did the the agency have the authority Stare decisis – 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 imagine— 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 – but might not always—be the same as the tension between seeking justice in the instant case and finding the proper rule for all cases). Influence f. Explain all of the following symbols: 539 US 558, 572 (2003); 16 Wall. 36 (1873); 15 U.S.C. § (The Consumer Product Safety Act 0f 1972); 25 L.Ed. 2d 287 (1970) g. A small essay question would be: Identify ______________ as it relates to DeWeerth v Baldinger, civil procedure, and the larger question of making a system of law work for us. (The blank would be filled in by an item from the two lists taken from Humbach, available on Blackboard.)

Midterm Study Guide - Introduction to Public Law | PLS 207, Study notes of Political Science

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Download Midterm Study Guide - Introduction to Public Law | PLS 207 and more Study notes Political Science in PDF only on Docsity!

PLS 207 Intro to Law Professor Speak

Fall Quarter 2011 Cal Poly Pomona

Getting Ready for the Midterm 10/31/