MC 4163 —FIRST EXAM

Understand the following:

• How is "law" defined for the purposes of the Pember textbook?
   
  
• What are inductive and deductive systems of law?
   
  
• When is the Oklahoma Supreme Court the final arbiter on a case? When can the U.S. Supreme Court NOT overturn an Oklahoma Supreme Court ruling?
   
  
• Different types or sources of law:
   
  
  • Common Law:
    • Where and how was it created?
    • How is the considered both "discovered law" and "judge-made law"?
    • Explain whether common law is inductive or deductive.
    • What is the theory behind the common law?
    • What does modern common law really reflect?
    • What seems to be the greatest strength of the common law?
    • In Oklahoma, the common law remains in full force unless what? How is that determined?
    • Key terms:
      • Stare decisis
      • Precedent
        • What are the four options a court has when faced with a precedent?
        • Which courts are binding upon which others under which circumstances?
        • What is the "hunch theory" of jurisprudence?
        • Know where to find reported court opinions, especially U.S. Supreme Court opinions.
        • Know how to read case citations. Know the meaning of each element in a citation.
        
         
        
      • Judicial Philosophy: judicial activism v. judicial restraint
         
        
      • Methods of judicial interpretation. Concentrate on:
        • Original Intent
        • Doctrinal Approach
        • Competing Interests (Balancing) Approach
        • Know what they are and their advantages and disadvantages.
    
     
    
  • Equity Law:
    • How does equity law differ from common law?
    • What are the typical remedies in equity law?
    
     
    
  • Statutory Law:
    • What is the source of statutory law?
    • How does statutory law differ from the common law?
    • Key term: Statutory construction
      • When judges rule on the meaning of a statute, their determination should be based upon what and not upon what?
      • Legislative intent is ascertained from what? To ascertain intent, courts look to what? Why? Common words in a statute are given what?
      • Understand facial attacks and as-applied attacks on the constitutionality of statutes.
      • How does a court construe seemingly conflicting statutes?
    
     
    
  • Constitutional Law:
    • Constitutions can come in what forms?
    • Three typical functions of a constitution?
    • In what way is a constitution a yardstick against which all other government actions must be measured? What is the supreme law of the land?
    • How are courts involved in the development of constitutional law?
    • What three main approaches do state courts have to interpreting the scope of individual rights guaranteed under state constitutional provisions that parallel those in the U.S. Constitution?
    • When determining the constitutionality of statutes, the Oklahoma Supreme Court is guided by what "well established principles"?
    • How many amendments to the U.S. Constitution? The first 10 amendments are known as the what?
    • May state constitutions give greater rights to their residents than provided under the U.S. Constitution? May they reduce the rights provided under the U.S. Constitution?
    • Key terms:
      • Vague
      • Overbroad
    
     
    
  • Administrative Law:
    • What is the source of administrative law?
    • How are legislative bodies involved in changing administrative law?
    • Courts can overturn administrative agency decisions only under what circumstances? Why do courts have limited power to review administrative law?
  
   
  
• How do attorney general opinions in Oklahoma differ from those in many other states?

• How many judicial systems are in the United States?
• Distinctions between trial courts and appellate courts.
   
  
• Oklahoma's Court System
  • Structure of the Oklahoma court system
  • How is Oklahoma's structure different from most other states?
  • How many justices sit on the state Supreme Court? How long do they serve?
  • How are the justices selected? What role do Oklahoma voters play in removing Oklahoma's appellate justices and judges?
  • Under what circumstances might certiorari be granted by the state Supreme Court?
  
   
  
• Federal Court System
  • Structure of the federal court system
  • Which court is mandated by the U.S. Constitution and cannot be abolished by Congress?
  • How many justices sit on the U.S. Supreme Court?
  • Who is the chief justice of the United States?
  • How many votes are required for a writ of certiorari to be granted?
  • What percentage or number of petitions for a writ of certioriari does the Supreme Court typically grant each year?
  • What three elements must be present before the U.S. Supreme Court will review a state court decision?
  • What is the meaning of a denial of certiorari by the U.S. Supreme Court?
  • What are district courts?
  • How many U.S. Courts of Appeal? Which circuit is Oklahoma in?
  • How are federal judges selected?
     
    

• Differences between civil and criminal proceedings.
• Key terms: appellant, appellee, defendant, diversity of citizenship action, judicial review, per curiam, plaintiff, plurality, remand, writ of certiorari,

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