Legal Basics & Judicial System
Be able to correctly recognize the following items and to apply them in hypothetical situations:
- The different types or sources of law -- constitutional, statutory, common, administrative.
- Judicial Philosophy: judicial activism v. judicial restraint.
- Methods of judicial interpretation. Concentrate on:
- Doctrinal Approach:
- Competing Interests (Balancing) Approach
- Four options a court has when faced with a precedent.
- Structure of the Oklahoma court system, including how justices are selected.
- Structure of the federal court system, including how justices are selected.
- Distinctions between trial courts and appellate courts.
- The three elements required before the U.S. Supreme Court will review a state court decision;
- The meaning of a denial of certiorari by the U.S. Supreme Court.
- From the USA TODAY articles:
- What percentage of appeals filed does the U.S. Supreme Court agree to hear?
- Why would the current Court be considered "minimalist"?
- What factors are behind the Court's recent trend to hear fewer appeals?
- What role do the Court's law clerks play in the selection of appeals to hear?
- What effect does this trend have on resolving conflicts among lower courts on important issues?
- Difference between a civil and criminal action.
- Key terms, such as writ of certiorari, diversity of citizenship action, plaintiff, defendant, precedent, stare decisis, remand, plurality, per curiam, ratio decidendi, obiter dictum.
- Where to find reported court opinions, especially U.S. Supreme Court opinions.
- How to read case citations, that is, know the meaning of each element in a citation.
Return to Media Law Home Page