Justice System broken down

Question 1

Name the 4 types of laws:

Answer 1

Statutory Law
Common Law
Administrative Law
Constitutional Law

Question 2

Who makes statutory laws?

Answer 2

Congress, state & local legislatures

Question 3

Give an example(s) of a statutory law?

Answer 3

Fire exits must be present in all public buildings

Question 4

This law is based on the decision of judges( their common sense and common practice)

Answer 4

Common Law

Question 5

This law is made by government agencies (Executive Branch)
Hint: It affects us daily & may not even realize it

Answer 5

Administrative Law

Question 6

What is an example of Administrative Law?

Answer 6

Consumer Product Safety Commission- recalling an unsafe toy

Question 7

What are the two court systems?

Answer 7

Federal and State

Question 8

What is the definition of Justices?

Answer 8

A judge or magistrate, a judge of the Supreme Court

Question 9

What is the term Justice mean in the court system?

Answer 9

Those who deserve to be punished are punished, and those who are don’t are set free
“Innocent until proven guilty”

Question 10

What article number of the constitution created the Supreme court?

Answer 10

Article 3

Question 11

“The Judicial Powers of the U.S. shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time-to-time establish”

Answer 11

Article 3 of the Constitution

Question 12

Congress passed the Judiciary Act in what year?

Answer 12

1789

Question 13

Which court has jurisdiction in many areas?

Answer 13

Federal Courts

Question 14

Define jurisdiction

Answer 14

The authority to interpret and administer the law in a given area

Question 15

Example of a case that would land in Federal Court.

Answer 15

Murder over state lines……..

Question 16

What is the Organization of the Federal Courts?

Answer 16

1) Original Jurisdiction
2) Appellate Jurisdiction

Question 17

Authority of a court to hear cases first, trial courts, lowest level

Answer 17

Original Jurisdiction

Question 18

Authority of a court to hear appeals, they review decisions made by lower courts

Answer 18

Appellate Jurisdiction

Question 19

Convicted persons can appeal their case to this level (when the feeling is that the lower court’s decision was incorrect or unfair

Answer 19

Appellate Jurisdiction

Question 20

What are the 3 Main Levels of Federal Courts?

Answer 20

1) U.S. District Courts
2) U.S. Court of Appeals
3) U.S. Supreme Court

Question 21

This court exists in each state, and there are 94 of them.

Answer 21

U.S. District Courts

Question 22

These are the only Federal Courts to use juries

Answer 22

U.S. District Courts

Question 23

They have “original jurisdiction”…..

Answer 23

U.S. District Courts

Question 24

Accused is to receive a fair trial, they are to be convient for all involved with the case, and juries will be familiar with the area and can judge better

Answer 24

U.S. District Courts-Constitution (Art. 3 Sec 2)

Question 25

Appointed by the President, approved by the Senate

Answer 25

Judges

Question 26

They preside over a single court

Answer 26

Judge

Question 27

The decide the sentence of the accused if they are found guilty

Answer 27

Judge

Question 28

Arrest the accused for breaking Federal Law & they deliver Subpoenas official court orders which require someone to appear in court

Answer 28

Marshal

Question 29

Hears evidence against the accused and decides whether the case should be brought before a grand jury

Answer 29

Magistrate

Question 30

They try minor cases

Answer 30

Magistrate

Question 31

Lawyer for the federal government

Answer 31

U.S. Attorney

Question 32

Try to prove to the jury that the accused person is guilty of the crime

Answer 32

U.S. Attorney

Question 33

MIDDLE LEVEL COURTS

Answer 33

U.S. Courts of APPEALS

Question 34

Review cases that are appealed from the DISTRICT COURTS and appeals from Federal Regulatory Agencies

Answer 34

U.S. Courts of Appeals

Question 35

13 of these courts exist

Answer 35

U.S. Courts of Appeals

Question 36

Each of this court covers a large Judicial District=CIRCUIT

Answer 36

U.S. Courts of Appeals

Question 37

50 states are divided into 12 circuits

Answer 37

U.S. Courts of Appeals

Question 38

Each of these types of courts has a panel of 3 judges=senior judge=Chief Judge

Answer 38

U.S. Courts of Appeals

Question 39

They do NOT decide guilt or innocence, decide if the person appealing was granted full legal rights during their trial

Answer 39

U.S. Courts of Appeals

Question 40

They use majority vote to decide

Answer 40

U.S. Courts of Appeals

Question 41

If the case WAS determined to be UNFAIR:

Answer 41

It goes back to District Court for a retrial

Question 42

If the case WAS determined to be FAIR:

Answer 42

Uphold decision, usually final, but can be appealed to the Supreme Court

Question 43

HIGHEST LEVEL COURT

Answer 43

SUPREME COURT

Question 44

Panel of 9 Justices, 8 associate, 1 chief

Answer 44

Supreme Court

Question 45

Located in Washington D.C.

Answer 45

Supreme Court

Question 46

They have appellate and *Original Jurisdiction

Answer 46

Supreme Court

Question 47

*Original Jurisdiction in 3 areas

Answer 47

Cases over diplomatic representatives Cases involving disputes between states Cases involving a state and the Fed. Gov

Question 48

Hears cases involving $ and the Federal Government. (if the Fed. Government lost=Congress must approve the spending of the $ awarded)

Answer 48

U.S. Claims Courts

Question 49

Cases involving tariffs or import taxes (ex. - if you felt the import tax was too high - you can challenge)

Answer 49

U.S. Court of International Trade

Question 50

Bring justice to those people in U.S. territories (District Courts for the territories)

Answer 50

Territorial Courts

Question 51

Hears appeals from taxpayers who disagree with the IRS (actually an Independent Agency with the power of a court)

Answer 51

U.S. Tax Court

Question 52

People in the military who are accused of breaking the law are tried at a COURT MARTIAL=you can appeal those decisions to this court=consists of 3 civilian judges

Answer 52

Court of Military Appeals

Question 53

Appointed for life; Can only be removed by impeachment

Answer 53

Federal Court Judges/Justices

Question 54

Congress may NOT lower a judge's salary during his/her term (so they can't be punished or rewarded for their decisions)

Answer 54

Federal Court Judges/Justices

Question 55

Appointed by the President and MUST be approved by the SENATE

Answer 55

Federal Court Judges/Justices

Question 56

Head of the Judicial Branch & the ONLY court established by the CONSTITUTION

Answer 56

The Supreme Court

Question 57

Size is determined by Congress; fixed at 9 since 1869

Answer 57

Justices of The Supreme Court

Question 58

What are the requirements to be a Justice for The Supreme Court?

Answer 58

NONE! Set by the Constitution

Question 59

All had been men until 1981 (Ronald Reagan appointed Sandra Day O'Connor)

Answer 59

Justices of the Supreme Court

Question 60

How many woman currently serve as Justices of the Supreme Court?

Answer 60

3

Question 61

Sonia Sotomayor, Elena Kagan, Amy Barrett

Answer 61

Woman Justices of the Supreme Court

Question 62

Who is the current Chief Justice of The Supreme Court?

Answer 62

John Roberts

Question 63

How many justices were nominated by a Republican president?

Answer 63

6

Question 64

How many justices were nominated by a Democratic president?

Answer 64

3

Question 65

Power to study & review laws passed by Congress

Answer 65

Judicial Review

Question 66

Before the Court can do this, someone must challenge the law in court- only appealed or challenged laws go to the Supreme Court

Answer 66

Judicial Review

Question 67

Judges/Justices have the power to determine whether the law passed by Congress or Presidential Action is Constitutional

Answer 67

Judicial Review

Question 68

If the law CONFLICTS with the Constitution=UNCONSTITUTIONAL

Answer 68

Judicial Review, thrown out by the court

Question 69

This power is NOT specifically listed in the Constitution

Answer 69

Judicial Review

Question 70

It was established by John Marshall

Answer 70

Judicial Review

Question 71

During his 34 years on the court, he established the 3 Basic Principles of American Law

Answer 71

John Marshall

Question 72

What was the case, and when that established Judicial Review?

Answer 72

1803, Marbury vs Madison

Question 73

List the key points of Marbury vs Madison

Answer 73

Marbury was promised a job by Madison Madison didn't give Marbury the job Marbury said the Judiciary Act of 1789 allowed the court to order Madison to give him the job Marshall said that the Judiciary Act was unconstitutional

Question 74

What are the 3 Basic Principles of American Law?

Answer 74

Marbury vs Madison Principle laws passed by a State Legislature could be set aside as unconstitutional Supreme Court can reverse the decisions of State Courts

Question 75

Who has the power to establish what the Constitution means?

Answer 75

Court

Question 76

How does the Supreme Court decide what cases to hear?

Answer 76

They select cases that involve significant public interest ( election 2000) (abortion) or cases dealing with important Constitutional issues

Question 77

How many Justices must agree to hear the case?

Answer 77

4 out of 9