judicial system test Flashcards

(35 cards)

1
Q

define rule of law

A

no individual, organization or govt official is above the law

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2
Q

what is the role of the judicial branch

A

interprate the law

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3
Q

what article of the constitution lays out the plan for the judicial branch

A

article 3

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4
Q

how can the judicial branch check the other 2 branches

A

the judicial branch can find laws unconstitutional and declare they cant be enforced

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5
Q

define judicial review

A

the power of the courts to declare a law made by the govt unconstitutional

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6
Q

who appoints and confirms supreme court justices

A

they’re appointed by the president and confirmed by the senate

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7
Q

define trial court

A

a court of law where cases are tried first

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8
Q

define appellate court

A

a court that hears appeals from lower courts and reviews decisions for errors

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8
Q

define criminal court

A

a law court that deals with cases involving crimes

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8
Q

define civil court

A

hear cases where one person or group thinks another person or group should pay for causing harm

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8
Q

define jurisdiction

A

which court will hear your case

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8
Q

what type of court has original jurisdiction

A

trial courts

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9
Q

what type of courts has appellate jurisdiction

A

appellate courts, supreme court

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10
Q

define plaintiff

A

the party accusing someone of damage

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11
Q

define defendant

A

the person being accused

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12
Q

define prosecutor

A

the legal representative who brings criminal charges against a defendant on behalf of the govt

13
Q

what is the role of the judge in the courtroom

A

the judge in the courtroom oversees proceedings, ensures fairness, and interprets and applies the law

14
Q

what is the role of the jury in the courtroom

A

the jury in the courtroom assess evidence, determines facts, and reaches a verdict in a trial

15
Q

why do most legal cases never go to trial

A

most legal cases don’t go to trial due to settlements in civil cases or plea bargains in criminal cases

16
Q

when can a person appeal a case

A

a person can appeal a case if there are legal errors, constitutional violations, or mistakes during the trial

17
Q

define due process

A

the fair treatment and protection of legal rights in the legal system

18
Q

define dual court system

A

the coexistence of federal and state court systems in the united states

19
Q

how many cases are heard by the supreme court each year

A

the supreme court hears around 100-150 cases each year

20
Q

what criteria are justices looking for when they choose to hear a case

A

justices consider factors like legal significance, constitutional issues, and circuit splits when choosing cases

21
define writ of cert
an order by the supreme court to review a lower courts decision
22
what is the role of a solicitor general
attorney for the U.S. govt
23
define rule of four
four justices need to agree to hear a case
24
define majority opinion
the opinion of the majority of judges in a court case
25
define concurring opinion
an opinion written by a judge who agrees with the majority but has different reasons or additional points
26
define dissenting opinion
the opinion of the justices who disagree with the majority
27
what happens if the supreme court finds a law unconstitutional
it can no longer be enforced
28
define judicial restraint
strict interpretation of the constitution
29
define judicial activism
loose interpretation of the constitution
30
define stare deciss
let the decision stand
31