All Flashcards
What are the differences between common law and civil law systems?
Common Law: stare decisis is central, binding precedents. Civil Law: stare decisis less emphasized, laws re-examined freely.
Compare conservative and liberal justices' views on precedent.
Conservative: Follow precedent, emphasize stability. Liberal: Question precedent, adapt law to change.
Compare stability and adaptability in legal decisions.
Stability: Following stare decisis for consistency. Adaptability: Adapting to new issues and circumstances.
Compare individual rights vs. states' rights regarding precedent.
Individual Rights: May overrule precedent limiting rights. States' Rights: May uphold precedent supporting states' power.
Compare the role of precedent in the US and UK legal systems.
US: Precedent is highly influential but can be overturned. UK: Precedent is strictly followed but is evolving.
Compare the role of written constitutions in common law and civil law systems.
Common Law: Constitution is interpreted through case law. Civil Law: Constitution is the primary source of law.
Compare the role of judges in common law and civil law systems.
Common Law: Judges create law through precedents. Civil Law: Judges apply law as written in codes.
Compare the role of legal scholars in common law and civil law systems.
Common Law: Legal scholars analyze and critique case law. Civil Law: Legal scholars interpret and systematize legal codes.
Compare the use of juries in common law and civil law systems.
Common Law: Juries are more common in both criminal and civil cases. Civil Law: Juries are less common, especially in civil cases.
Compare the approach to statutory interpretation in common law and civil law systems.
Common Law: Statutes are interpreted in light of existing case law. Civil Law: Statutes are interpreted based on their plain meaning and legislative intent.
What was the significance of Brown v. Board of Education (1954)?
Overruled Plessy v. Ferguson, establishing that separate educational facilities are inherently unequal.
What doctrine did Plessy v. Ferguson establish?
Established the 'separate but equal' doctrine, allowing segregation.
What was the impact of Brown v. Board on segregation?
It declared state laws establishing separate public schools for black and white students unconstitutional.
What legal principle was challenged in Brown v. Board?
The 'separate but equal' doctrine established in Plessy v. Ferguson.
What did Brown v. Board establish regarding education?
Separate educational facilities for African American and white students are inherently unequal.
How did Brown v. Board change legal precedent?
It overturned the legal precedent set by Plessy v. Ferguson.
What was the legal basis for the decision in Brown v. Board?
The Equal Protection Clause of the Fourteenth Amendment.
What impact did Brown v. Board have on civil rights?
It was a major victory for the Civil Rights Movement, paving the way for desegregation.
What was the dissenting opinion in Plessy v. Ferguson?
Justice Harlan argued that the Constitution is color-blind and does not allow for segregation.
What was the social context of Plessy v. Ferguson?
It occurred during a time of widespread segregation and racial discrimination in the United States.
Define 'precedent'.
A previous legal decision that guides future cases with similar issues.
Define 'stare decisis'.
The principle that courts should follow precedents set by earlier, similar cases.
What does 'distinguishing cases' mean?
Courts differentiate current case facts from precedent, limiting precedent's relevance.
Define 'overruling precedent'.
When a court invalidates a prior decision, setting a new rule.
Define 'judicial ideology'.
A justice's political, legal, or philosophical views influencing legal interpretation.
What is 'common law'?
A legal system where stare decisis is a cornerstone, binding judges to precedents.
What is 'civil law'?
A legal system where stare decisis is less emphasized, allowing courts to re-examine laws more freely.
What is legal reasoning?
Analyzing facts/reasoning of prior decision; considering legal/societal context; evaluating impact.
What is 'jurisdictional hierarchy'?
Lower courts must follow precedents established by higher courts within their jurisdiction.
What is 'persuasive authority'?
Courts may rely on decisions from other jurisdictions or refer the case to a higher court.