all of the notes Flashcards

1
Q

“Dual court” systems

A

consisting of federal court system and 50 state court systems

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2
Q

U.S. constitution creates….

A

creates only the us supreme court

congress creates all other lower courts

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3
Q

Types of Cases

A

Criminal cases- violates federal criminal code

Hung Jury-indisputable dead lock

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4
Q

Re-trial

A

costly, time consuming, seats new jury

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5
Q

mis-trial

A

as a result of hung jury

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6
Q

compensatory damages

A

actual damages

value of the loss

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7
Q

punitive damages

A

punishment damages

used to punish the defendant

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8
Q

class action suits

A

“en masse” (group)

a small number of people bring about legal action on behalf of all others

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9
Q

jurisdiction

A

authority of a crt. to hear a case

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10
Q

subject matter of jurisdiction

A

nature of the case involved

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11
Q

parties involved in jurisdiction

A

litigants

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12
Q

Exclusive Jurisdiction

A

Cases heard in federal crts.

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13
Q

concurrent jurisdiction

A

cases that may be heard in either fed. or state crts.

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14
Q

Enbanc

A

cases are heard by all appelate judges w/in the appellate dist.

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15
Q

what happens in US district courts?

A

90% of Fed. cases are tried in district courts

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16
Q

2 Types of jury

A

Grand Jury

Petit/Petite Jury

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17
Q

Grand Jury has….

A

16-23 persons that hear testimony and observe evidence

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18
Q

Petite/Petit Jury

A

The trial jury declares case

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19
Q

U.S. Attorney

A

Represents the U.S. in the Fed. district court sys.

20
Q

U.S. Marshal

A

Serves warrants for arrest of violations

21
Q

U.S. Supreme Court

A

Only court created by the U.S. constitution in 1789

Justices are appointed for life

22
Q

What is the supreme court composed of?

A
  1. Chief Justice

2. Associate Justices

23
Q

Judicial review

A

can review any federal or state law to determine if constitutional

24
Q

John Tay

A

First chief justice

25
Q

Thurgood marshal

A

first black to serve on the supreme court

26
Q

sandra day o’ connor

A

first woman to serve on supreme crt.

27
Q

opinions

A

written by justices regarding the crts. decision

28
Q

majority decision

A

reasons of crts. decision

29
Q

dissenting opinion

A

opposition with the majority’s decision

30
Q

concurring opinion

A

justice who agrees w/the majority decision

31
Q

solicitor general

A

represents the U.S. in cases heard by supreme court

32
Q

special courts

A

legislative crts

33
Q

sovereign immunity

A

govt cannot be sued w/o govt. consent

34
Q

court of military appeals

A

court marshals/offenses against military

35
Q

territorial courts

A

similar to local state court systems

36
Q

Department of Justice

A

prosecute and defend on behalf of the US

37
Q

functions of the D.o.J.

A

provides legal advice

enforce federal crime code

38
Q

Attorney General

A

created by congress in 1789 as a cabinet position

provides legal advice to the pres.

39
Q

J. Edgar Hoover

A

first appointed in FBI in 1924
First Director
Director from 1924 to 1972

40
Q

plaintiff

A

brings suit against party

41
Q

defendant

A

party that must respond and defend

42
Q

deliberation

A

jury discussions

43
Q

Civil Cases

A

No violation of law (simple majority decision, to decide case)

44
Q

factors that determine jurisdiction

A

subject matter

parties involved

45
Q

courts of appeals

A

created by congress in 1891 to relieve court of its overload of cases