judical court supreme

Question 1

criminal law

Answer 1

felonies, misdemeanor, prosecuted by the state against you

Question 2

civil law

Answer 2

between people people and or corporations - by private lawyers (usually settled out of court)

Question 3

both criminal and civil cases include:

Answer 3

trail and verdict by a jury or your peers and the judge runs the trial, sets the punishment

Question 4

original jurisdiction

Answer 4

authority to hear cases for the first time. must be heard here before onto appellate

Question 5

appellate jurisdiction

Answer 5

hears the cases that have been brought them on appeal from a lower court.
review –> affirm or reverse decision

Question 6

adversarial system

Answer 6

legal issues are debated by two opposing sides.

Question 7

presumption of innocence

Answer 7

everyone is viewed to be innocent until proven guilty

Question 8

where does the burden of proof fall ?

Answer 8

on the prossecution

Question 9

what is the only court mentioned in the Constitution?

Answer 9

the supreme court

Question 10

who has the power to create all other federal courts

Answer 10

congress

Question 11

the judiciary act of 1789

Answer 11

-established the idea of the three-tired structure of the federal court
- sets 6 judges on the supreme court ( later expanded to 9)

Question 12

appellate courts /circuit courts

Answer 12

-reviews all decisions of district courts
- rules in decisions of regulatory agencies
-do not hear testimony or hold trials

Question 13

federal District courts

Answer 13

• 94 district courts staffed with about 700 total judges
  -every state has at least one district court

Question 14

who appoints all federal judges

Answer 14

president
confirmed by senate

Question 15

senatorial courtesy

Answer 15

unwritten tradition that the senate won’t confirm nominations fro lower court positions that are opposed by a senator of the president’s own party from the state in which the nominee is to serve

Question 16

chief justices responsibilities

Answer 16

• assign the writing of opinions <– most important
• presides over meetings
• shapes the court’s “direction” (ideology)

Question 17

things to consider when nominating a justice

Answer 17

competence
ideology
diversity/ethnicity

Question 18

amicus curiae brief

Answer 18

“friend of the court” submitted by a party that is not in the case that is meant to persuade the judges to a side and give legal reasoning for why.

Question 19

rule of 4

Answer 19

in order for a case to be heard, 4 of the nine judges need to hear the case

Question 20

habeas corpus

Answer 20

“that you have the body” - issued to determine the person’s detention in prison is lawful. basically used for a person to know the legal justification for why they are held

Question 21

why does a case get heard by SCOTUS?

Answer 21

-fed gov asked for an appeal
- case has conflicting opinions
- new civil rights/liberties questions
- significant political urgency

Question 22

writ of certiorari

Answer 22

an order by the court directing a lower court to send up the record and documents from the lower case so that they can review it.

Question 23

what does the writ of certiorari allow the court to do?

Answer 23

allows for control and limits its case load
- cases must have a serious issue

Question 24

the supreme court: order of hearing a case process

Answer 24

1. filling of briefs
2. oral arguments
3. conference and vote
4. writing the opinions

Question 25

majority opinion

Answer 25

officially the opinion of the court and viewed as the law of the land

Question 26

Concurring opinion

Answer 26

justice sided with the majority but has different opinions for doing so

Question 27

minority/ dissenting opinion

Answer 27

articulates disagreement withy the majority and why. has no legal standing but can be examined later if precedent is in question in the future

Question 28

star decisis

Answer 28

" let the decision stand" the principle that all courts should respect the precedent established by prior decisions on similar cases (legal questions already settled)

Question 29

judicial restraint

Answer 29

the general interpretation of how the courts are supposed to function in the 3 branch system - the court should rely only on precedent - framer's original intent to decide issues - defer to Congress and elected officials on matters

Question 30

judicial activism

Answer 30

-courts should correct injustices other branches caused - promote social justice and progress (constitution is a living document)

Question 31

the supreme court is insulated and protected from social pressures and public opinion because

Answer 31

-life long terms -can't decrease pay ( congress can't control them by that) - certiorari process ( get to pick cases they want regardless of public interest) -limited access

Question 32

the supreme court is aware of public opinion because ...

Answer 32

-political process ( elected officials appoint and confirm judges so their views reflect theirs ) - proposed amendments ( if Congress hates your decision on the constitution then they can amend the constitution so it works for them) -add justices (congress can pack the court minimizing current political preferences) - impeachment ( if you do a no-no then they will remove you )