Flashcards in Judicial Branch Deck (24)
define appellate jurisdiction
Appeals are based on incorrect application of the law, wrong procedures used in the case, new evidence. It was created to alleviate the burden of the Supreme COurt.
Protections against unreasonable and unconstitutional acts of government
Positive Acts of government that seek to make Constitutional guarantees
Found in 5th and 14th Amendments. The government must act fairly and in accord with established rules.
Determine whether any law of government action goes against Constitution.
the power to make legal decisions and judgments
Rural areas or small towns where a judge is called the Justice of the Peace
Used for Larger towns and cities and minor criminal cases and small civil cases.
Hear a case for the first time
Article of Constitution that explains the Judicial Branch
Protects against unreasonable search and seizure of property
-Prevents self incrimination
-Must be informed of charges
-prevents double jeopardy
-guarantees due process
-Grand Jury decided in evidence for trial
-Right to fair, public, and speedy trial
-Right to fair trial by jury
-right to call witnesses
-right to legal counse
Right to a jury trial in civil cases
Protection against excessive bail and cruel and unusual punishment.
Who has the power to create lower courts under the Supreme Court?
The Legislative Branch (?)
What are the 3 types of opinions issued by the Supreme Court? (briefly describe each)
Majority Opinion- Announces the court's decision and explains reasons why
Concurring Opinion- may be written to add or emphasize majority opinion
Dissenting Opinion- Written to explain disagreement with the decision of the court
When does the Supreme Court have original jurisdiction?
all cases affecting ambassadors, other public ministers and consuls,” and in cases to which a state is a party
How are federal judges selected? How long do they serve?
They are selected by the president for life
What did the Judiciary Act of 1789 & 1891 do?
It established the three levels of the court
District Courts Courts of Appeals
How are cases conducted in trial courts at both state and federal levels?
ONLY federal courts hear witnesses testify and juries hear cases and reach verdicts
BOTH hear civil and criminal cases and determine facts of the case they decide guilty or innocent
How do appellate cases differ from the trial courts?
Trial courts are where the trial is happening, appellate courts are where the trial has already happened, and at least one of the parties were not happy.
Why have states created a two stage process in capital cases?
To make sure the death penalty is applied appropriately