chapter 7 study guide Flashcards

(63 cards)

1
Q

One of the major weaknesses of the Articles of Confederation government

A

a lack of a national court system

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2
Q

What law passed by Congress began to establish the lower courts of the federal judiciary

A

Judiciary act of 1789

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3
Q

The 5 courts that go to make up the constitutional (regular) courts of the federal system

A
  1. District courts 2. Courts of Appeal 3. Trade Courts 4. Court of Appeals for the Federal Circuit 5. Supreme Court
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4
Q

The 6 courts that go to make up the special (legislative) courts of the federal system

A
  1. Special/Legislative Courts 2. Tax Court 3. Court of Claims 4. Territorial Court 5. D.C. Courts 6. Pellet Courts
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5
Q

Jurisdiction

A

Right of a court to hear/try a case

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6
Q

Original Jurisdiction

A

When a court hears a case for the first time

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7
Q

Appellate Jurisdiction

A

Court hears a case only if it has been heard once before. Cannot be used to challenge the verdict but the process.

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8
Q

Exclusive Jurisdiction

A

When a court has the right to hear a case EX. bank robbery is a federal crime so it is heard in a federal court.

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9
Q

Concurrent Jurisdiction

A

Right of both state and federal court to hear a case

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10
Q

Litigants

A

Parties involved in a case

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11
Q

Defendant

A

The party defending against the claim

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12
Q

Plaintiff

A

Party bringing case against someone to court

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13
Q

How are federal judges chosen?

A

Appointed by the president and confirmed by the senate

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14
Q

What is the term for a federal judge

A

Regular = life; Special= 8-10 years

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15
Q

US District Attorney

A

can be removed at any time

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16
Q

US Clerk of Court

A

keeps all records of the court

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17
Q

US Marshal

A

Chief of security for all federal courts

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18
Q

Petit jury

A

trial jury, issues verdicts

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19
Q

Grand Jury

A

only used to indite someone

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20
Q

En banc

A

entire judge group in pellet court zone

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21
Q

How many US District Courts exist?

A

94

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22
Q

US District Court Jurisdiction

A

Original

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23
Q

In a US District Court, how many judges hear a case?

A

1

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24
Q

what types of juries are used in a
US District Court?

A

Grand and Petit

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25
How many cases are heard in the US District Court
350,000 - 400,000
26
How many US Courts of Appeal exist?
14
27
US Courts of Appeal Jurisdiction
appellate
28
In a US Court of Appeal, how many judges hear a case?
3
29
what types of juries are used in US Courts of Appeal?
none
30
How many cases are heard in the US Courts of Appeal
70,000 - 90,000
31
US Court of International Trade: How many exist?
1
32
US Court of International Trade: jurisdiction
original
33
US Court of Appeals for the Federal Circuit: how many exist
1
34
US Court of International Trade: how many judges hear a case
3
34
US Court of International Trade: types of juries used
none
35
US Court of Appeals for the Federal Circuit: jurisdiction
pellet
36
US Court of Appeals for the Federal Circuit: how many judges hear a case
3
37
US Court of Appeals for the Federal Circuit: types of juries used
Grand and Petit
38
US Supreme Court
makes interstate decisions and deals with diplomats
38
US Court of Appeals for the Federal Circuit: how many cases are heard
?
39
US Supreme Court: how many exist
1
40
US Supreme Court: Jurisdiction
Original and appellate
41
US Supreme Court: How many judges hear a case
9
41
US Supreme Court: types of juries used
none
42
US Supreme Court: how many cases are heard
70-75
43
What act created the US Courts of Appeal
Judiciary act of 1891
44
What kinds of cases are heard by the US Court of Appeals for the Federal Circuit
cases over patents, copyrights, logos, etc
45
How many US District Courts does Louisiana have
3
46
What US Court of Appeals is Louisiana a part of
5th
47
Majority Opinion
When Supreme Court makes a decision
47
What two states are included in the same US Court of Appeals as Louisiana
Texas and Mississippi
48
Writ of certiorari
official order of courts to send records to the Supreme Court
49
Certificate
render an opinion on a lower courts decision
50
Concurring Opinion
an opinion which is basically in agreement with the decision that the Court has made, but which bases that opinion on different reasons.
51
Dissenting Opinions
an opinion written by a justice who does not agree with the Court's decision, explaining the reasons why not
52
judicial review
The power of a court to determine the constitutionality of a governmental action
53
Marbury v. Madison
Established judicial review
54
Docket
a court's list of cases to be heard
55
Briefs
written statement that spells out the party's legal position and cites relevant facts and legal precedents
56
Oral Arguments
The verbal arguments presented in person by attorneys to an appellate court. Each attorney presents reasons to the court why the court should rule in her or his client's favor.
57
What types of cases fall under the Supreme Court's original jurisdiction
1. Those to which a State is a party 2. those affecting ambassadors, other public ministers, and consuls.
58
who is currently chief justice of the supreme court
John G Roberts
59
How many US Supreme Court Justices are there?
9