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Flashcards in Chapter 7 Deck (62):
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Purpose of the judicial branch

To interpret the law and settle disputes

1

Goal of the judicial branch

Equal justice for all

2

Dual Court System is composed of

1. Federal Courts
2. State Courts

3

Types of Federal Courts

1. Constitutional
2. Special Courts

4

Types of Constitutional courts

1. Supreme Court
2. Courts of Appeal
3. District Courts
4. Court of International Trade

5

Types of Special Courts

1. Court of Military Appeals
2. Court of Veteran Appeals
3. Claims Courts
4. Territorial Courts
5. Tax Courts
6. Courts of the District of Columbia (D.C.)

6

Jurisdiction

The authority of a court to hear and decide a case

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What determines federal jurisdiction

1. Subject matter
2. Parties Involved

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Exclusive Jurisdiction

The case can only be heard in federal court

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----------Examples of Federal Jurisdiction

1. Admiralty or Maritime Law
2. Government involved in any way
3. If it involves foreign diplomats
4. If one state sues another state
5. If a state sues a foreign country
6. If an individual from on state sues individual from another state
7. If an individual sues a foreign country

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Concurrent Jurisdiction

The case can be heard in both federal and state

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Original Jurisdiction

The court where the case is first heard

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Appellate Jurisdiction

The court that hears the case on appeal from a lower court

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What are the qualifications for Federal Judges (according to the Constitution)

There are none

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How can you become a Federal Judge

Must be appointed by the President and confirmed by the Senate

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Federal Judges

1. Lifetime term
2. Can be impeached and removed
3. Congress sets their salary
4. Salary can never be decreased

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Types of law

1. Common law
2. Criminal law
3. Civil law
4. Public law

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Criminal Law

Cases arising out of actions that violate laws protecting the health, safety, and morals of the community
- Government is always the plaintiff

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Common Law

Law derived from the application of previous case decisions to present cases

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Plaintiff

The party bringing the charges

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Civil Law

Involved disputes between citizens or between the government and citizens where no crime is alleged

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Contract Cases

Disputes that arise over voluntary actions
(Example: Divorce)

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Tort cases

Disputes that arise out of obligations inherent to social life
- Includes slander

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Public law

Cases where the powers of government or the rights of citizens are involved

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Inferior Courts (constitutional courts)

1. District Courts
2. Courts of Appeal
3. Court of Appeals for the Federal Circuit
4. Court of International Trade

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Constitutional Law

Judicial review, review of the constitution

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Administrative Law

Involves disputes over the statutory authority, jurisdiction, and procedures of administrative agencies

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District Courts

1. Created by the Judiciary Act of 1789
2. Hear both criminal and civil cases
3. One judge
4. Has a jury

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Courts of Appeal

1. Established in 1891
2. There are 12 courts of appeal
3. Hear cases on appeal from the lower courts
4. Panel of judges
5. No jury

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Court of Appeals for the Federal Circuit

1. Created in 1982
2. Does the same thing as Court of Appeals except they have nationwide jurisdiction

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Court of International Trade

Handle cases that deal with tariffs and trade laws

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Supreme Court

Highest court in the country

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Supreme Court is composed of

1 Chief justice, 8 associate justices
(always have 1 chief justice, associate justices are set by congress)

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Judicial Review

The right of the court to determine the constitutionality of law

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How are the justices appointed?

They are appointed by the President and confirmed by the Senate

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What do the justices do

1. Hear cases on appeal
2. Judicial review

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Maddison vs Maurberry

Establishes the principal of Judicial Review

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What kind of Jurisdiction does the Supreme Court have

Appellate

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How does the case reach the Supreme Court

Through the:
1. Writ of Appeal
2. Writ of Certiorari
3. Certificate

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Certificate

The lower court will ask the Supreme Court to answer a specific legal question

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When does the Supreme Court open and close

First week of October through the first week of July

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Solicitor General

The attorney (lawyer) that represents the US government before the Supreme Court

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What is the process of a court case hearing

1. Lawyers file a brief with the court
2. Oral argument
3. Conference
4. Opinion

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Oral argument

Sides present their cases

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Conference

Judges discuss the case

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Opinions

1. Majority Opinion
2. Concurring Opinion
3. Dissenting Opinion

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Majority Opinion

The majority rules

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Concurring Opinion

Agrees with the majority but, it will emphasize a point that was not made in the opinion

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Dissenting Opinion

Does not agree with the majority

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Supreme Court members serve

For life

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First female Supreme Court member

Sarah Day O'Conner

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First black Supreme Court member

Thurgood Marshall

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Second black Supreme Court member

Clarence Thomas

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Supreme Court Chief Justices

1. John Jay
2. John Rutledge
3. Oliver Ellsworth
4. John Marshall
5. Roger Taney
6. Salmon P. Chase
7. Morison Waite
8. Melville Fuller
9. Edward White
10. William Taft
11. Charles Evans Hughes
12. Harlan Stone
13. Fred Vinson
14. Earl Warren
15. Warren Burger
16. William Rehnquist
17. John Roberts

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Special Courts

1. Federal Claims Court
2. Territorial Courts
3. Courts of the District of Columbia
4. Court of Appeals for the Armed Forces
5. Court of Veterans Appeals
6. United States Tax Courts

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Federal Claims Court

They hear claims for damages against the US Government

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Territorial Courts

Local courts of the territories

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Courts of the District of Columbia

Local courts in Washington, D.C.

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Court of the Appeals for the Armed Forces

Civilian judges
For people who are in the armed forces that commit a crime

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Court of Veterans Appeals

They hear cases involving veterans benefits

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United States Tax Court

They hear cases involving disputes over the tax laws

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Special Courts serve based on

Terms