powers and courts Flashcards

(49 cards)

1
Q

The Legislative Branches must follow the rulings of the

A

supreme court

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2
Q

Judicial Review is

A

the power to say whether a federal, state, or local government action goes against the constitution (also executive orders)

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3
Q

This was created by a court case called the

A

Marbury & Madison case

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4
Q

wrote the opinion for the power during the court case

A

John Marshall

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5
Q

The constitution is the

A

supreme law of the land

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6
Q

If there is a conflict between the constitution and the law

A

the constitution rules

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7
Q

Congress can get around a court ruling by

A

passing a new one or changing a law which is unconstitutional

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8
Q

Congress is limited on

A

Amendments in the constitution

IMPEACHMENT*

The court only accepts federal cases that involve a federal question

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9
Q

The U.S has what court sytem

A

a dual court system

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10
Q

There are federal courts and each state has its

A

own court system

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11
Q

Both federal and state courts are used for the

A

same thing

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12
Q

Most cases will be heard in

A

state courts

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13
Q

WHAT ARE COURTS USED FOR

A

To settle DISPUTES* (They are lawsuits)

To decide if a person is guilty of committing a crime or not

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14
Q

how many levels are in the federal court system

A

3 levels

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15
Q

what article gives the judicial branch its power

A

article 3

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16
Q

the supreme court created

A

article 3

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17
Q

Congress was given the power to

A

create any other courts if necessary

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18
Q

what is jurisdiction

A

When a case comes up, it has to be decided which court can hear it

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19
Q

what is exclusive jurisdiction

A

If only federal courts can hear the case

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20
Q

what is concurrent jurisdiction

A

If either the state or federal courts can hear the case

21
Q

what level are district courts

22
Q

how many district courts are there

23
Q

Each district court has a

A

MAGISTRATE JUDGE

24
Q

Issue court orders include

A

search warrants and arrest warrants

25
district courts are the only place where
jury trials happen for criminal and civil cases and where lawsuits begin
25
what do district courts do
They hear the evidence in the case to determine whether the case should be brought to trial Decides whether people should be arrested in jail or released on bail to wait for their trial
26
All federal cases start here because of
original jurisdiction
27
steps in the district courts
This is where the facts of the case will come out This is where witnesses will TESTIFY* and juries will listen This is where the jury will determine if the defendant is guilty or not
28
what level are appellate courts
level 2
29
what are some names for appellate courts
Federal Appeal Courts Circuit Courts Of Appeals Appellate Courts U.S Courts Of Appeals
30
what type of jurisdiction do appellate courts have
appellate jurisdiction
31
do appellate courts have trials
no
32
what can appellate courts can and can't do
They do not decide if the defendant is guilty or not They can only decide whether the defendants rights are protected or whether the person received a fair trial
32
what are the steps to an appellate court
Three or more judges review the case They listen to arguments from lawyers on each side The judges make a decision
33
what can appellate courts do
Uphold the original decision Reverse the decision Remand the case
34
what does Uphold the original decision mean
This means they are saying that you got a fair trial, and that the decision of the district court stands
35
what does Reverse the decision mean
This means they decided that the lower court was wrong and changed the decision. This will happen when new evidence is found
36
what does Remand the case mean
This means that you didn’t get a fair trial and the case goes back to the district court to be tried again
37
how many appellate courts are there
13
38
what level is supreme courts
3rd and final level
39
how many people are in the supreme courts
there are 8 associates and justices and 1 chief justice
40
what is the supreme courts main job
to decide whether or not laws are allowable under the constitution
41
Original Jurisdiction is in
a small amount of cases
42
Appellate Jurisdiction will
listen to select cases on appeal from lower courts
43
do they have to hear all cases brought in
no
44
The Supreme Court has final authority in:
Any case involving the constitution Any case involving acts of Congress and executive orders Anything involving with treaties and other nations
45
Decisions of the court are all commanding in
lower courts
46
When the supreme court refuses to hear a case,
the decision of the lower courts remain unchanged
47
how many supreme courts are there
1