Exam 3 Flashcards
(32 cards)
What must a judge do to obtain tenure?
good behavior
which is the weakest of all 3 branches? why?
judicial branch, they aren’t in charge of the Purse or The Sword. They can only apply the law when a case is brought to them
What does the 3rd article of the constitution talk about?
creates judicial branches in the US
What is the judicial branch?
A system of courts that looks at law and applies it to different cases
Section 1 of Article 3 of the Constitution talks about what?
it creates the federal courts and the Supreme court and 1 chief justice.
-Also speaks about judges holding office for the rest of their lives. their pay cannot decrease, only increase.
What does Section 2 of article 3 talk about?
it talks about the powers of the judicial branch.
- The supreme court has original jurisdiction
- crimes have to be tried by juries, unless the defendant doesn’t want
What does section 3 of article 3 talk about?
Only talks about treason.
- treason is when someone tries to attack of wage war against the US,
- to prove that someone has committed treason there must be at least 2 witnesses.
The supreme court might be above politics except for the fact that
court judgments are influenced by the political principles of the justices
According to Hamilton, the judiciary has neither the power of _______ nor the power of ______
nor the power of force, nor the power of will
how did circuit courts get their name?
judges would “ride circuit” on horseback or in carriages to hear cases
Whats the role of the judiciary branch?
to resolve disputes
what does it mean by “judges only rule on a case by case basis”?
they only rule on cases that are brought to them by third parties
what is judicial review?
the power of all courts to declare actions of the government unconstitutional
what is the Role Of Precedent?
the decisions of higher courts control actions of lower courts..
-lower courts must follow precedents (rulings and reasoning of previous legal cases) of higher courts.
Where are most criminal and civil cases heard?
State courts.(98%)
What legal system does the US rely on?
Commons Law
What are precedents?
the rulings and reasoning of previous cases
What does the Supremacy Clause of the U.S. Constitution mean for the states?
The laws of all states must conform to the Constitution, its amendments, and related federal judicial rulings
What would happen if cases were decided based on written law alone?
inconsistencies might emerge in the rulings issued by different judges.
What does it mean for a court to have appellate jurisdiction?
The court gets to hear a case that was tried by a different court already
in an appeal process…
no new evidence or facts may be introduced
Justice of the peace courts have original jurisdiction over what types of cases?
class C misdemeanor cases and small claims
how many municipal cases in 2012?
926
What do texas district courts have original jurisdiction to?
all felony cases, divorce cases, and cases involving titles of land
