Chapter 3: Judicial System

Question 1

Court System

Answer 1

Last branch of government to be addressed and very little direction was provided by the framers

Question 2

What article created the Supreme Court and authorized Congress to establish inferior courts?

Answer 2

Article Three

Question 3

Original Jurisdiction

Answer 3

“Trial Court”–Heard case for first time; in direct contact with parties; judge determines law; jury determines facts

Question 4

Appellate Jurisdiction

Answer 4

Hears cases of appeal; Judges are called Justices; Reviews recorded for error; Establishes precedent; Everyone typically entitled to 1 appeal

Question 5

Who can appeal a civil case?

Answer 5

Either party

Question 6

Who can appeal a criminal case?

Answer 6

Only defendant (double jeopardy)

Question 7

Selection of Judges

Answer 7

State judge elected; Federal judge appointed

Question 8

Federal Courts

Answer 8

Guardians of the Constitution because their decisions protect the rights and liberties guaranteed by this document

Question 9

Marbury v. Madison

Answer 9

Established the principle that the Supreme Court uniquely has the power to declare a law of Congress unconstitutional

Question 10

Appellate Court

Answer 10

US Court of Appeals; 12 regional circuit court of appeals; 1 US court of appeals for the Federal Circuits

Question 11

Trial Courts

Answer 11

US District Courts; 94 Judicial Districts; Has a few specialized courts (International Trade, Federal Claims); If don’t like outcome, can appeal to higher courts

Question 12

What kind of cases do District Courts hear?

Answer 12

Federal Law, Disputes over $75,000 & US Constitution

Question 13

Diversity of Jurisdiction

Answer 13

If plaintiff and defendant are from different states, it can be filed in Federal Court

Question 14

Circuit Courts of Appeal

Answer 14

13 total; Everyone is automatically entitled to one appeal in Circuit Court; From here you can appeal again

Question 15

Who appeals to the third circuit?

Answer 15

PA, NJ, DE, US Virgin Islands

Question 16

Supreme Court

Answer 16

Does not have to hear your appeal; Final decision binds everyone

Question 17

How many justices are on the Supreme Court?

Answer 17

9; We have 8 because Justice Scalia died

Question 18

Writ of Certiorari

Answer 18

Name of an appeal to the US Supreme Court; “We wish to be informed”

Question 19

Cases Appealed to USSC

Answer 19

8,000 appealed, 300 heard; If they refuse to hear a case, Circuit Court’s decision is final

Question 20

Rule of 4

Answer 20

4 Justices need to agree to hear the case

Question 21

Judicial Philosophy

Answer 21

3 Conservatives, 4 Liberals, 1 Moderate (swing vote)

Question 22

Allocator

Answer 22

Name of an appeal to the State Supreme Court

Question 23

Common Pleas Court

Answer 23

AKA Trial Court; Special Courts (Magisterial District Judges, Philadelphia Municipal Court, Philadelphia Traffic Court, Pittsburgh Municipal Court)

Question 24

Jury System

Answer 24

The right to a trial by one’s peers; Written in 6th and 7th Amendments; Typically 12 jurors

Question 25

Limitations to Jury Trial

Answer 25

$20 or higher; Penalty can be 6 months or higher of jail time

Question 26

How many jurors must agree on the verdict?

Answer 26

Criminal Case must be unanimous; Civil Trials (5/6 must agree)

Question 27

Hung Jury

Answer 27

If all 12 jurors can't agree, DA has right to retry you

Question 28

Voir Dire

Answer 28

Jury selection process; "to speak the truth"; Goal is to obtain a jury that will help you win

Question 29

Challenge for Cause

Answer 29

Bias or prejudice, unlimited amount, judge decides

Question 30

Pre-emptory Challenge

Answer 30

Discretionary challenges-- don't need to explain why; attorney decides, limited number

Question 31

Jurisdiction

Answer 31

Refers to the power of the court to hear a case and grant release

Question 32

Jurisdiction Over Subject Matter

Answer 32

Traffic court will not hear a divorce case; Tax court won't hear an immigration case

Question 33

Jurisdiction Over Person

Answer 33

Exists where the court has the authority to exercise its legal authority over a person; Limited to where person lives/can be served

Question 34

What is the basic rule of jurisdiction?

Answer 34

You have to sue the defendant where they can be found (work or live); Exception if you can "tag" the person

Question 35

Long Arm Statues

Answer 35

Times when you can get by the basic rule (tort within state, own property in state, doing business in state)

Question 36

Venue

Answer 36

Place where a case should be heard; plaintiff decided where to file the suit

Question 37

When can a change of venue occur?

Answer 37

When the defendant can not get a fair trial in the location because of prejudices or biases (Bill Cosby); Court thinks somewhere else is better suited to handle case

Question 38

Standing

Answer 38

Constitution provides that judicial power shall extend to all cases and controversies; Plaintiff must have direct and substantial interest in outcome of the case filed; Plaintiff must show that they will actually be injured by subject matter of lawsuit

Question 39

Standing

Answer 39

Constitution provides that judicial power shall extend to all cases and controversies; Plaintiff must have direct and substantial interest in outcome of the case filed

Question 40

Full Faith and Credit (Article 4)

Answer 40

Shall be given in each state to the public acts, records, and judicial proceedings of every other state; Each state must uphold the laws and decrees of every other state

Question 41

Comity

Answer 41

Recognition of foreign law; done as matter of courtesy

Question 42

Litigation

Answer 42

Process is governed by rules of civil procedure

Question 43

Stages of Trial

Answer 43

Pleadings (arrest warrant, lawsuit); Discovery (turning over all evidence to opponent); Trial (decision made)

Question 44

Alternative Dispute Resolution (ADR)

Answer 44

Way to avoid courts

Question 45

Arbitration

Answer 45

Voluntary, impartial 3d party, informal proceeding, binding decision, enforceable award; Most business agreements use this route

Question 46

Meditation

Answer 46

Advisory; Labor disputes (strikes); SEPTA, Divorce Cases

Question 47

US Court of Appeals

Answer 47

12 regional courts; 1 US Court of Appeals (D.C.); From here, you can appeal up to US Supreme Court

Question 48

US Supreme Court

Answer 48

Final arbiter of all legal disputes; Court can be original or appeal; Hears 300/8000 cases

Question 49

What type of original cases does the US Supreme Court hear?

Answer 49

Charges against Ambassador, Consuls, or Between States

Question 50

What are the limitations to a Civil Case getting a jury?

Answer 50

More than $20; Usually 5-6/8 jurors must agree

Question 51

What are the limitations to a Criminal Case getting a jury?

Answer 51

More than 6 months of jail at stake; 12/12 must agree on outcome