Chapter 13 - Federal and State Court System Flashcards
(186 cards)
1
Q
What guarantees judgment by one’s peers and provides a check on government power?
A
Right to a jury trial
2
Q
What is a set of rules and standards by which society governs itself?
A
Law
3
Q
The law has three purposes. Name one.
A
Resolves conflict between individuals and groups.
4
Q
The law has three purposes. Name one.
A
Protects individuals against government power.
5
Q
The law has three purposes. Name one.
A
Defines criminal acts and determines punishment for them.
6
Q
What were the laws collected by Hammurabi, king of Babylonian?
A
Code of Hammurabi
7
Q
This code categorized crimes and provided 282 examples and their punishments.
A
Code of Hammurabi
8
Q
This was a source of law for the Israelites.
A
The Ten Commandments
9
Q
The ____’s emphasis on social justice and individual and communal responsibility have become a model for ethical laws.
A
The Ten Commandments
10
Q
Ancient Romans made their laws by writing them down, and the early published version was called ___.
A
The Twelve Tables
11
Q
The name of the final Roman legal code.
A
Justinian Code
12
Q
This is the single most important basis for the American legal system.
A
English common law
13
Q
____is made by judges as they resolve individual cases.
A
Common law
14
Q
What areas of law did the Code of Hammurabi codify?
A
- Criminal Law
- Property Law
- Family Law
15
Q
What areas of law did the Twelve Tables codify?
A
1.Family Law
2. Criminal Law
16
Q
T or F. The judicial branch provides an interpretation of the law.
A
True
17
Q
Name two ways to promote police accountability.
A
- Internal Affairs Units
- Civilian Review Boards
18
Q
Define. “Something that has separate and distinct existence.”
A
Entity
19
Q
Name a central purpose of the courts.
A
To promote the rule of law.
20
Q
____ means that no individual, group, organization, or government entity is above the law.
A
The rule of law.
21
Q
Name three things that law must be.
A
- Known to all
22
Q
Name three things that law must be.
A
- Clear
23
Q
Name three things that law must be.
A
- Equally, fairly, consistently enforced
24
Q
___ is the power of courts to say that laws and actions of local, state, or national governments are invalid because they conflict with the Constitution.
A
Judicial review
25
This means something is non consistent with a nation's constitution.
Unconstitutional
26
What happens if a court declares a law unconstitutional?
Then the law cannot be enforced.
27
T or F. The Judiciary may smite the executive and legislative branches through its ability to declare laws and government actions unconstitutional.
True
28
T or F. Judicial review also gives courts the power to declare an action of the executive or legislative branch unconstitutional.
True
29
Name two ways the Executive Branch can check the Judicial Branch.
1. The Executive Branch enforces the decisions of the courts.
30
Name two ways the Executive Branch can check the Judicial Branch.
2. The President appoints federal judges with the advice and consent of the Senate.
31
Name three ways the Legislative Branch can check the Judicial Branch.
1. State and Federal legislative branches have the power to:
a. create some courts;
32
Name three ways the Legislative Branch can check the Judicial Branch.
1. State and Federal legislative branches have the power to:
b. set judges' salaries;
33
Name three ways the Legislative Branch can check the Judicial Branch.
1. State and Federal legislative branches have the power to:
c. and change laws to clarify meanings.
34
Name three ways the Judiciary is further limited by the rules of our legal system.
1. Courts can only decide issues brought before them.
35
Name three ways the Judiciary is further limited by the rules of our legal system.
2. A judge cannot decide that someone has violated the law and sentence them until the individual is arrested and prosecuted first.
36
Name three ways the Judiciary is further limited by the rules of our legal system.
3. Federal courts can not provide "advisory opinions."
37
Means "unbiased."
Impartial
38
A key element of democracy is that courts must act _____ and make fair decisions without undue influence by outside forces.
Impartially
39
What is an argument FOR judge's having life terms?
Some people believe it allows judges to make decisions without being concerned about how it might affect their chances for reelection.
40
What is an argument AGAINST judge's having life terms?
Some people believe it ensures accountability to citizens and is appropriate in a democracy.
41
_______ can hear cases about crimes, like burglary, murder, driving under the influence or drugs.
Criminal trial courts.
42
_____ can hear cases where one person or group thinks another person or group should pay for causing harm.
Civil trial courts.
43
_____ is the authority of a trial court to be the first to hear a case.
Original jurisdiction
44
T or F. A trial court cannot try a case where there is no harm or alleged violation of law.
True
45
T or F. Betsy can sue Jake for causing a car accident when she was actually harmed in some way by the accident.
False
46
______ describes a trial system that is a contest between opposing sides.
Adversarial system
47
T or F. The trial system in the U.S. is an adversarial system.
True
48
Some countries use the ______, in which the judge plays a more active role in gathering and presenting evidence.
Inquisitorial system
49
What do proponents of the adversarial system argue?
They claim the judge or jury will be able to determine the truth if opposing parties present their best arguments and show the weaknesses of the other sides' case.
50
What do opponents of the adversarial system argue?
It is not the best method for discovering the truth about what happens and who is at fault.
51
Adversarial or Inquisitorial. A contest between opposing sides with each side trying to present the most persuasive evidence.
Adversarial System
52
Adversarial or Inquisitorial. The defense and prosecutor and police conduct investigations, argue their case, and present witnesses and the evidence that benefits their argument.
Adversarial System
53
Adversarial or Inquisitorial. Judges and juries listen but do not question the witness or gather evidence.
Adversarial
54
Adversarial or Inquisitorial. A judge's role is to be impartial, like a referee, and ensure that due process and other rules and guidelines are observed.
Adversarial
55
Adversarial or Inquisitorial. Any criminal case may go to a jury trial.
Adversarial
56
Adversarial or Inquisitorial. Prejudicial evidence is not presented to juries.
Adversarial
57
Adversarial or Inquisitorial. The accused is not required to answer questions.
Adversarial
58
Adversarial or Inquisitorial. Seeks the truth through examining evidence and investigation.
Inquisitorial
59
Adversarial or Inquisitorial. The judge may supervise investigations and decide whether a case should proceed to trial. Evidence is made available in advance to both prosecution and defense.
Inquisitorial
60
Adversarial or Inquisitorial. A judge questions the witnesses and may gather evidence.
Inquisitorial
61
Adversarial or Inquisitorial. The judge assumes the main role in conducting the trial.
Inquisitorial
62
Adversarial or Inquisitorial. Juries are only used in very serious cases.
Inquisitorial
63
Adversarial or Inquisitorial. More lenient rules on the admissibility of evidence.
Inquisitorial
64
Adversarial or Inquisitorial. A judge can require the accused to answer questions.
Inquisitorial.
65
T or F. In a criminal case, the judge or jury must be convinced beyond a reasonable doubt that a crime occurred and that the accused committed the crime.
True
66
In a civil trial, the person who brings the suit to court (or the party accusing someone of causing damage) is called the _____
Plaintiff
67
In a criminal trial, an attorney who represents the government in a criminal case is called the _____
Prosecutor
68
In both civil and criminal trials, the party responding to the plaintiff (for civil trials) and the prosecutor (for criminal trials) is called the _______
Defendant
69
A group of citizens who hear evidence during a trial and give a verdict is called the _______
Jury
70
Which amendment to the U.S. Constitution guarantees the defendant to the right to have "assistance of counsel?"
The Sixth Amendment
71
Steps in a Trial. The plaintiff's attorney (in a civil case) explains to the trier of fact (the judge or jury) the evidence to be presented as proof of the allegations in the written papers filed with the court.
Opening statement by Plaintiff or Prosecutor.
72
Steps in a Trial. The defendant's attorney explains evidence to be presented to disprove the allegations made by the plaintiff or prosecutor.
Opening statement by Defense.
73
Steps in a Trial. Each witness for the plaintiff or prosecution is questioned. Other evidence in favor of the plaintiff or prosecution is presented.
Direct examination by Plaintiff or Prosecutor.
74
Steps in a Trial. The defense has the opportunity to question each witness. Questioning is designed to break down the story or to discredit the witness.
Cross-examination by Defense.
75
Steps in a Trial. If the prosecution's or plaintiff's basic case has not been established from the evidence introduced, the judge can end the case by granting a motion (oral request) made by the defendant's attorney.
Motions
76
Steps in a Trial. Each defense witness is questioned.
Direct examination by Defense
77
Steps in a Trial. Each defense witness is cross-examined.
Cross-examination by Plaintiff or Prosecutor
78
Steps in a Trial. The prosecutor or plaintiff's attorney reviews all the evidence presented and asks for a finding of guilty (in criminal cases) or a finding for the plaintiff (in civil cases).
Closing statement by Plaintiff or Prosecutor
79
Steps in a Trial. This is the same as the closing statement by the prosecution or plaintiff. The defense asks for a finding of not guilty (in criminal cases) or for finding for, or in favor of, the defendant (in civil cases).
Closing Statement by Defense
80
Steps in a Trial. The prosecutor or plaintiff may have the right to make additional closing statements that respond to points made by the defense in its closing statement.
Rebuttal arguments
81
Steps in a Trial. The judge instructs the jury as to the law that applies in the case.
Jury instructions
82
Steps in a Trial. In most states, a unanimous decision by the jury is required for a verdict. If the jury cannot reach a unanimous decision, it is called a hung jury, and the case may be tried again by a new judge or jury.
Verdict
83
_____ means easily discovered, seen, or understood.
Obvious
84
_____ is an attorney who works for the state and defends people who cannot afford a private attorney.
Public defender
85
Which case mandated that STATES must provide a free lawyer to defendants in cases where they are charged with a serious crime?
Gideon v. Wainwright (1963)
86
________ are people with knowledge about the facts of a case.
Witnesses
87
__________ is an agreement whereby a defendant pleads guilty to a lesser crime than the one with which a defendant was originally charged and in return the government agrees not to prosecute the defendant for the more serious crime.
Plea bargain
88
What do supporters of plea bargains argue?
That they are efficient and save the state the cost of the trial in situations where the defendant's guilt is obvious or the state's case is weak.
89
What do opponents of plea bargains argue?
That they allow some criminals to get off lightly, or that it encourages people to give up their rights to a fair trial.
90
_______ is a group that hears charges against a suspect and decides whether there is sufficient evidence to bring the person to trial.
Grand jury
91
Which amendment to the U.S. Constitution requires that before anyone be tried for a serious crime in federal court, there must be a grand jury indictment?
5th Amendment
92
_______ is a formal charge of criminal action by a grand jury.
Indictment
93
Which amendment to the U.S. Constitution guarantees the right to trial by jury in criminal cases?
6th Amendment
94
Which amendment to the U.S. Constitution guarantees the right to trial by jury in civil cases in federal courts?
7th Amendment
95
T or F. Eliminating a juror solely based on race, ethnicity, or gender in either a civil or criminal trial is unconstitutional.
True
96
T or F. The jury system as a whole should generally reflect the diversity of the community in which the trial is taking place.
True
97
A mistake by a judge as to the applicable law in a case.
Error of law
98
T or F. In cases involving minor errors of law, the trial court decision will not be reversed.
True
99
T or F. Appellate courts seldom reconsider a trial court's determination of the facts.
True
100
T or F. An appellate court focuses on deciding legal questions that arise a trial.
True
101
The fair administration of justice is called _________.
Procedural Due Process
102
_________ means existing or coming about seemingly at random or by chance.
Arbitrary
103
Defendants in a criminal trial have several due process rights, including _________.
The right to a speedy trial
104
Defendants in a criminal trial have several due process rights, including _________.
The right to an impartial jury of one's peers
105
Defendants in a criminal trial have several due process rights, including _________.
The right to confront witnesses
106
Defendants in a criminal trial have several due process rights, including _________.
The right not to be tried for the same crime twice (double jeopardy)
107
Defendants in a criminal trial have several due process rights, including _________.
The right to be free from self-incrimination
108
Which type of court am I? This court has "original" jurisdiction. Some states have several types. These courts hear evidence and determine guilt in criminal cases and liability in civil cases.
Trial Courts
109
What type of court am I? This court has "appellate" jurisdiction. This court reviews claims that an error of law was made at trial.
Appeals Courts
110
What type of court am I? This court has appellate jurisdiction. In rare cases, the U.S. Supreme Court and states' highest courts have "original" jurisdiction. this court reviews claims that a lower court did not interpret the law correctly.
Supreme Courts
111
T or F. Typically a panel or judges decides appeals in an appeals court.
True
112
T or F. When an appeals court decides a case, it usually issues a written opinion explaining its ruling.
True
113
The ______ states the decision of the court.
Majority Opinion
114
Judges who disagree with the majority opinion may issue a separate document called a ________.
Dissenting Opinion
115
In some instances, judges who agree with the majority's outcome, but for reasons different from those used to support the majority opinion, may write a _________.
Concurring Opinion
116
________ is a legal principle created by an appellate court decision that lower court judges must follow when deciding similar cases.
Precedent
117
This U.S. Supreme Court set the precedent that the First Amendment's right to free speech meant it is legal to burn the American flag as part of a political protest.
Texas v. Johnson (1989)
118
A latin term meaning "let the decision stand" - refers to the principle that courts should follow precedent.
Stare Decisis
119
T or F. Precedents apply to all the courts below the court that rules in a case.
True
120
T or F. When a federal court of appeals crates a precedent, that precedent is NOT binding in a federal trial court in a DIFFERENT circuit.
True
121
T or F. When the U.S. Supreme Court creates a precedent, ALL lower courts throughout the land must follow it.
True
122
T or F. From time to time, courts overrule precedents because the law must have some degree of flexibility
True
123
Yes or No. If a STATE Supreme Court creates a precedent, must federal trial courts follow it? Why or why not.
No. Federal trial courts are do not fall BELOW any state Supreme Court. Precedents only apply to the courts below the court that rules in a case.
124
In this Supreme Court Case, the Supreme Court ruled that students in public schools have a right to free speech, as long as that speech does not substantially disrupt the school's work or interfere with the right of others.
Tinker v. Des Moines (1969). Two students work black arm bands to protest the Vietnam war.
125
In this Supreme Court Case, the Supreme Court ruled that schools can restrict students' speech if it's lewd, indecent, or plenty offensive. Schools have an interest in preventing speech that is consistent with the "basic educational mission."
Bethel School District v. Fraser (1986)
126
In this Supreme Court Case, the Supreme Court ruled that schools could restrict students' speech when that speech is part of a school-sponsored activity and could be reasonably interpreted to represent the school's opinion on an issue.
Hazelwood School District e. al. v. Kuhlmeier (1988)
127
________ describes the power of a court to decide a case.
Jurisdiction
128
______ is a federal law; a law written by the legislative branch.
Statute
129
T or F. Federal courts can generally hear cases that raise questions about a federal law.
True
130
Federal courts are considered to be courts of _________ jurisdiction.
Limited
131
State courts are considered to be courts of __________ jurisdiction.
General
132
Courts that are able to hear a wide variety of cases that deal with state or local law, the state constitution, or federal law or the federal constitution.
General Jurisdiction
133
T or F. Cases involving many-but not all-federal laws CAN also be tried in the state court system.
True
134
____________ courts apply state and local laws.
State and local courts
135
State court systems generally have three types of courts:
1. Minor courts
136
State court systems generally have three types of courts:
2. General trial courts
137
State court systems generally have three types of courts:
3. Appeals courts
138
Minor courts are often called _______.
Justice courts, municipal courts, magistrate courts, or inferior trial courts.
139
T or F. Minor courts are often specialized to deal with specific types of legal issues.
True. I.E. family courts does with only issues with the family.
140
__________ courts hear lawsuits involving small amounts of money.
Small claims courts
141
________ courts handle cases involving wills and claims against estates of persons who die with or without a will.
Probate courts
142
General trial courts go by different names in different states:
Superior court, county court, district court, or the court of common pleas.
143
Appeals courts in different states go by different names:
Supreme court, court of appeals, supreme judicial court.
144
State court judges are selected in one of four ways:
1. Popular election.
2 Election by the legislature
3. Appointment by the governor
4. Combination of appointment and popular election
145
T or F. In ALL states, judges serve a limited term.
True. Though they may be reelected or reappointed.
146
Congress has divided the United States into ___________ federal judicial districts, with a trial court known as a federal district court in each district.
94
147
The act of continuing to hold or have, as in a political position.
Retention
148
Courts that generally hear cases that raise questions about a federal law or the federal constitution have _______.
Limited jurisdiction
149
Process where a judicial commission made up of lawyers, judges, and laypeople decide who will be a judge or who send a list of candidates to the governor for selection.
Merit Selection
150
Which part of the U.S. Constitution sets out the basic structure of the federal court system?
Article III
151
T or F. Federal courts can sometimes decide cases that deal with state law if the parties to the case are from different states and a large amount of money is in question.
True
152
The federal trial courts are grouped into __________ regional circuits.
12
153
The divisions under the United States Federal Court system, grouped into 12 regional circuits, each of which has a federal court of appeals, also called a U.S. Circuit Court.
Regional circuit
154
The federal courts of appeals are called ______.
U.S. Circuit Court
155
Jurisdiction of State Courts:
Crimes under state laws
156
Jurisdiction of State Courts:
State constitutional issues
157
Jurisdiction of State Courts:
Cases involving state laws and regulations including family law, contract law, property
158
Jurisdiction of State Courts:
Most cases involving federal law
159
Jurisdiction of Federal Courts:
Federal crimes
160
Jurisdiction of Federal Courts:
Issues involving federal law, including the U.S. Constitution
161
Jurisdiction of Federal Courts:
Disputes between states
162
Jurisdiction of Federal Courts:
Treaties with foreign nations
163
Jurisdiction of Federal Courts:
Bankruptcy
164
Jurisdiction of Federal Courts:
Admiralty and maritime
165
Jurisdiction of Federal Courts:
Antitrust
166
Jurisdiction of Federal Courts:
Securities and Banking Regulations
167
Jurisdiction of Federal Courts:
Foreign diplomats or foreign governments
168
A special skill or knowledge in a particular field.
Expertise
169
T or F. Federal court judges are appointed by the President AND confirmed by the Senate.
True
170
According to the U.S. Constitution, federal judges can old office during ____________.
good behavior
171
T or F. Removal of federal judges requires the Congress to follow formal impeachment procedures.
True
172
Two other types of courts that operate in the United States are:
1. Military courts
2. Tribal courts
173
Which section of the U.S. Constitution allowed it to develop a separate justice system for the U.S. Military?
Article I, Section 8
174
What is the current regulation known as that governs the military?
The Uniform Code of Military Justice (UCMJ)
175
Violations of the UCMJ are heard in proceedings called ________.
Courts-martial
176
Similar to criminal trials, but consists of judges and attorneys drawn from legal officers of the military branch in which the violation occurred.
Court-martial
177
A tract of public land set aside for use by Native Americans, on which most of these groups have their own tribal justice systems.
Reservation
178
A court that hears criminal and civil cases operating within the tribal justice system.
Tribal court
179
_________ hear a broad range of both criminal and civil cases involving both Native Americans and non-Native Americans.
Tribal courts
180
T or F. Tribal courts CANNOT prosecute non-Native Americans for crimes committed on the reservation.
True
181
An appeals court can make one of three decisions. What are the three decisions?
Upholds trial court's decision
182
An appeals court can make one of three decisions. What are the three decisions?
Reverses trial court's decision
183
An appeals court can make one of three decisions. What are the three decisions?
Sends case back to the lower court to be tried again
184
An appeal court will hear an appeal from the trial court when one of two things is alleged by a party:
There was an error or law
185
An appeal court will hear an appeal from the trial court when one of two things is alleged by a party:
There was a violation of procedural due process
186
What are the 5 foundations of the judiciary?
1. Fairness
2. Rule of Law
3. Accountability
4. Judicial Independence
5. Controls on Abuse of Power (Judicial Review)
