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Flashcards in Ch 3 Deck (53)

Basic role of judges

Judges apply the law to the facts


Basic role of jurors

Jurors find or determine facts from conflicting evidenced

The facts as found by the jury are given in great deference


Basic role of lawyers

Lawyers present evidence to the jury and argue the law
To the court for making decisions

Serve as representative advocates in our court system


Judges vs. justices

Judges- trial court persons
Observe and apply constitutional limitations and guarantees

Justices- reviewing court persons
Do more than simply deciding an appeal, they give reasons for


The reasoned decisions of justices

Become precedent and part of body of law


Appellate judge

Justice, they come up with legislature


Trial by jury is a cherished right guaranteed by...

Which Ammendments guarantee jury at which types of cases?

The Bill of Rights

6th and 7th Ammendments guarantee right to trial by jury
For civil and criminal cases


Petit jury

Trial jury that returns verdict in civil and criminal cases


Usual number of people in juries today?

The quality of the jury depends upon the ability to...

6 or 12

Get competent and dedicated citizens to serve


In most states decisions of juries must be...


But many states are starting to eliminate this due to mistrials
Deadlocked by margins of 11-1


Wy are juries not required to give reasons for their decisions?

It would be almost impossible for members of jury to agree
On same reasons for the verdict


The lawyer's first duty is to...

And that issues are tried on their...

The administration of justice, that issues are tried on their
merits only


Lawyer's duties to each client require...

The highest degree of fidelity, loyalty and integrity


What 3 capacities does a lawyer serve as?

1 counselor

2 advocate

3 public servant


Lawyer: counselor

Lawyer know's his client's most important secrets and affairs

Is actively involved in client's personal decisions ranging
From business affairs and family matters (divorce, alleged
criminal violations)


To encourage full disclosure by a client, the rules of evidence provide that...

Attorney-client privilege

Confidential communications to a lawyer are privileged

The law does not permit a lawyer to reveal facts or testify
against a client, even if Called to do so in trial


2 major court systems in the united states?

1 federal courts

2 50 state courts


The federal court system and those in most state contain which 3 levels?

1 trial courts

2 court of appeals

3 supreme courts


Where do lawsuits begin and where might they get reviewed?

Lawsuits begin in the trial court level

May be reviewed in 1 or more of the other 2 appellate court


Subject matter jurisdiction

Required For any court to hear and decide a case at any level

Power over issues involved in the case


Probate courts

Deal with wills and estates of deceased persons


Juvenile courts

Deal with juvenile crime and dependent children


Criminal and police courts

Traffic courts

Deal with violators of state laws and municipal ordinances

Traffic courts deal with traffic violations


State court systems are created and their operations are governed from which 3 sources?

1 state constitutions

2 state legislature

3 rules set by each state court


State constitutions

Provide general framework for court system


State legislature, define, 4 things it establishes

Pursuant of constitutional authority enacts statutes that add
To body if framework

Legislation establishes for courts their jurisdiction, regulates
Tenure, selection, duties of judges


Trial courts

In trial courts parties file their lawsuits or complaints seeking
To protect their property rights or redress their wrong doing

Responsible for determining both facts and law in a case


Appellate courts

Parties to litigations are entitled as matter of right to review
Their case by higher court



If requirements of procedural law are followed in seeking


2 levels of reviewing courts?

1 intermediate level

2 court of final resort


In states with 2 levels of review the intermediate courts are usually called?

The highest court is called?

Courts of appeal

Supreme court


Supreme court

Has 7 to 9 judges

Reviews the most important cases


Intermediate courts

3 to 5 judges

Lower of 2 courts reviews the bulk of the cases


Writ of certiorari AKA petition for leave to appeal

Procedure for requesting a 2nd review

Only 5% of such requests are granted


Small claims court

Handles much of the litigation between businesses and
It customers

Used by businesses to collect accounts

Used by customers to settle minor financial disputes with
Business community


The judicial power of federal courts has been limited by...



4 of the Federal Court Systems

1 questions of federal law (federal question cases)
2 United States as a party
3 controversies among states
4 certain suits between citizens of different states (diversity
Of citizens)


Federal courts have subject matter jurisdiction over...

Federal question cases and diversity of citizenship cases


Federal question cases

Based on issues arising out of US constitution or federal

Any amount of money may be involved in the case

Ex. Civil actions may involve federal laws dealing with taxes, patents, copyrights, trademarks, employment discrimination


Diversity of citizenship

Requires that all plaintiffs be citizens of different states from
All defendants

This causes federal jurisdiction


Federal district courts, define, where are they located? 5 things they have the authority to do?

Trial courts of federal judicial system

At least 1 in every state and D.C.

Have authority to review lawsuits, receive evidence,
Evaluated testimony, impanel juries, resolve disputes


Federal Rules of Civil Procedure

Provide details concerning procedures to be followed in
Federal court litigation

Rules are strictly enforced by courts and must be followed
By parties in every lawsuit


How many appellate courts are there

Congress created 12 US Courts of Appeal + a special
Court of Appeals for the a Federal Circuit (intermediate
Appellate court)


Court of Appeals (intermediate Appellate Court)

Special reviewing court located in Washington DC

Hears appeals from special courts such as US claims Court
And Contract Appeals, administrative decisions as
Those made by the Patent and Trademark Office


Writ of centiorari

4 US Supreme Court Justices must vote yes to grant
this petition

Allows for subsequent appeal (review) by the US supreme


When are writs of centiorari primarily granted?

In cases of substantial federal importance or where there
Is obvious conflict btw 2 or more US Circuit Courts of Appeal


Federal district courts and the courts of appeal cannot...

Review, retry or correct judicial errors charged against a
State court


Judiciary AKA Judicial Review

Power to review laws passed by legislative body and executive branch (president) and declare Them unconstitutional and void


Judicial restraint

power shouldn't be used except in Unusual cases


Judicial activism

Power should be used whenever the needs of society
Justify it's use


Strict constructionists

Believe the Constitution should be interpreted in light
Of what the founding fathers intended

Put great weight on debates of Constitutional Convention
And language of the constitution


Judicial abstention

Courts should decide only those matters they must to
resolve actual cases and controversies before them

Abstain from deciding issues whenever possible

Doubts of constitutionality should be resolved in favor of


Judicial restraint jurists

Have deep commitment to precedent

Only overrule cases when prior decision is clearly wrong

Reform to them is not function of courts but function of
Political process