chapter 3 Flashcards
(27 cards)
What is the primary role of trial court judges?
issues of fact and law, initiates lawsuit
What do appeal court judges primarily focus on?
Issues of Law
Jury Duty eligibility
-U.S. Citizen
-18 years old
-speak English
-resident of county that sent you the summons
-Haven’t served on a jury last 12 months
-not on grand jury or another trial jury,
-not under conservatorship,
-have civil rights restored if convicted of a felony
petit jury
returns a verdict in criminal and civil situations (whether people are guilty or innocent)
Jurors role
Fact-Finding Body
How many persons typically make up a jury?
12
What type of decision is normally required from a jury?
Unanimous
True or False: Some states have removed the requirement for a unanimous decision.
True
In serious criminal cases, the decision must be _______.
unanimous
primary duty of lawyers in the court system
representative advocates
Attorney- Client privilege
forbids lawyer from revealing confidential facts against a client (extends to employees)
Organization of the Court System
Trial Court, Appellate Court, Supreme Court
Jurisdiction
power of the court to hear a case
Subject Matter Jurisdiction:
Power over the Issues involved in a case
General Jurisdiction
power to hear any type of case
Limited Jurisdiction
limited types of cases. Ex: probate court, Traffic court, Juvenille.
Federal Courts
Give subject matter jurisdiction
Questions of Federal Law
-U.S. Constitution Issues
-Federal Statue issues
-No $ limit
Diversity of Citizenship
-Plaintiffs/Defendants are from different states
-claim more than 75,000
-state of incorporation AND state of its principal POB
-based on citizenship of all of its members.
How many U.S. Courts of Appeal exist?
13
What is required for the U.S. Supreme Court to review a case?
Petition for a Writ of Certiorari
Decision by the Supreme Court
-NOT a matter of right
-4 of 9 justices have to agree to take a case
-Involves major constitutional issues
Judicial Review
allows courts to invalidate actions by the executive or legislative branch
Judicial Restraint
belief that judicial review should only be used in unusual cases, follow precedent, looks at original intent of constitution.
