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Government > Judicial Branch > Flashcards

Judicial Branch Flashcards

1
Q

Where in the US Constitution is the Judicial Branch found

A

Article 3

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2
Q

The Functions of the Judicial Branch: (3)

A
  • Interpret the laws
  • Settle disputes
  • Create expectations for the future (Establish Precedence)
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3
Q

2 separate court systems in the USA:

A
  1. State Courts
  2. Federal/National courts
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4
Q

Judiciary Act of 1789:

A

spelled out how the federal court system would work

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5
Q

Federal Court System: 3 main levels/courts

A
  • District
  • Circuit
  • Supreme Court
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6
Q

Federal Court System Fall into 2 categories:

A
  1. Constitutional Courts
  2. Special Courts
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7
Q

Constitutional Courts (includes 3)

A
  • District courts - trial courts
  • Court of appeals
  • Supreme Court
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8
Q

Special Courts (includes 4)

A
  • Armed Services
  • Veterans
  • Federal Claims
  • Tax
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9
Q

hear most of the cases on the federal level

A

Constitutional Courts – mostly district courts

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10
Q

Jurisdiction

A

The authority of a court to hear a case

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11
Q

Two major types of jurisdiction:

A
  • Original Jurisdiction
  • Appellate Jurisdiction
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12
Q

Original Jurisdiction

A

The court in which the case is first heard

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13
Q

Appellate Jurisdiction

A

The court that hears cases on appeal

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14
Q

3 major types of Federal Courts:

A
  • District Courts
  • Circuit Courts
  • Supreme Court
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15
Q

How many district courts are there

A

94

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16
Q

what kind of jurisdiction do district courts have?

A

Original

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17
Q

what kind of courts hear the most cases on the federal level?

A

District Courts

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18
Q

Which type of federal court has juries

A

District Courts (trial courts)

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19
Q

What kind of jurisdiction do Circuit Courts have?

A

Appellate Jurisdiction

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20
Q

3 characteristics of Circuit Courts:

A
  • No juries
  • 3 judge panels
  • Can refuse to hear a case
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21
Q

what kind of jurisdiction does the Supreme court have?

A

both (original and appellate)

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22
Q

How are Federal Judges hired? (2 steps)

A

Appointed by the president and approved by the Senate

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23
Q

What is the term of office of a Federal Judge?

A

Lifetime appointments

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24
Q

Police force of the court system

A

US Marshalls

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25
Q

How many Us Marshalls are there

A

94 - one per district court

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26
Q

Federal courts hear what kind of cases?

A

Both criminal and civil cases

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27
Q

Plaintiff

A

the person who files the charge/suit

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28
Q

Defendent

A

the person who the complaint is against

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29
Q

Grand Jury

A

(16-23) decides if there is enough evidence to take a case to trial (Only need a majority vote)

30
Q

Petite Jury

A

(12) = decides the guilt or innocence of the accused (must be a unanimous vote)

31
Q

What happens if a vote isn’t unanimous among a petite jury?

A

if not unanimous then “hung jury”

32
Q

There are no juries used in the

A

circuit courts or supreme court

33
Q

who makes the rulings in circuit courts and the supreme court?

A

The judges make all the rulings

34
Q

Supreme court nickname

A

“The court of last resort”

35
Q

Marbury vs. Madison

A

landmark cases that gave the Supreme Court the power of Judicial Review

36
Q

Judicial Review

A

the right to decide if a case is constitutional or unconstitutional

37
Q

How many judges in the Supreme Court?

A

9

38
Q

When does the Supreme Court hear cases?

A

October - June

39
Q

Who is in charge of the Supreme Court?

A

Chief Justice

40
Q

How many cases are appealed to the Supreme Court each year?

A

About 8000-10000 cases are appealed to them per year

41
Q

How many cases does the Supreme Court accept each year?

A

they only accept about 80-100 cases – 1%

42
Q

What happens when the Supreme Court declines a case?

A

The ruling from the lower court stands

43
Q

Solicitor General

A

Federal Government’s chief lawyer

44
Q

How does the Supreme Court decide which cases to accept?

A

all cases must get past the Solicitor General – screens them

45
Q

“Rule of Four”

A

if 4 out of 9 justices agree to hear the case

46
Q

What type of cases does the Supreme Court hear? (3)

A
  • Cases that will affect the entire country
  • Cases that involves Constitutional Questions
  • Crimes “committed on the high seas” – Rare!
47
Q

What does a case receive if it is heard by the Supreme Court?

A

A writ of certiorari

48
Q

what is a writ of certiorari?

A

legal order to hear the case

49
Q

Briefs

A

written legal arguments presented by each lawyer to the Justices (summary of the case)

50
Q

When are briefs presented?

A

they present these before the case

51
Q

Oral arguments

A

lawyers present their cases to the Supreme Cout

52
Q

How long do lawyers get to present their case to the Supreme Court?

A

Each lawyer gets exactly 30 minutes to present their case

53
Q

How long do supreme courts last?

A

Exactly 1 hour

54
Q

gives reasons for their decisions – official ruling (winning side)

A

Majority Opinion

55
Q

Minority Opinion

A

(dissenting) gives reasons why they oppose the ruling (losing side)

56
Q

Do Supreme Court decisions have to be unanimous?

A

no

57
Q

what level of courts are most court cases heard?

A

State level

58
Q

where are criminal cases almost all heard?

A

state level courts

59
Q

How are judges on the state level mostly hired?

A

Most are elected, not appointed

60
Q

Levels of State Courts from highest level to lowest level: (9)

A

State Supreme Court: 50
State Appeals Courts
Circuit Courts (trial)
Probate courts:
Juvenile courts:
Family courts:
Divorce courts
Small claim courts:
Traffic courts

61
Q

State Supreme Court

A

deal both with original and appellate jurisdiction Final authority!

62
Q

State Appeals Courts

A

Deal only w/ appellate jurisdiction

63
Q

Circuit Courts

A

every county has one (equivalent to district courts) – Deal with original jurisdiction in criminal and civil cases – have juries

64
Q

Workhorse of the court system:

A

Circuit Courts

65
Q

Probate Courts

A

Deal with estates, wills, etc.

66
Q

Juvenile Courts

A

Deal with under age criminals

67
Q

Family Courts

A

Deal with custody, abuse, child support, etc.

68
Q

Small Claim Courts

A

Deal with minor lawsuits (less than 10,000 dollars)

69
Q

Traffic Courts

A

Deal with traffic violations

70
Q

The only state courts that have juries

A

Circuit Courts

71
Q

in Every state court except circuit courts, rulings are made by

A

judges

Government (9 decks)

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