AP Gov final (The courts) Flashcards

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1
Q

who are the particpants in the court

A

The Judge
The Lawyers
The Parties
The Witnesses
The Courtroom Deputy
The Court Reporter

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2
Q

what does the judge do in court

A

Judges preside over hearings and listen to the arguments of opposing parties

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3
Q

what is the lawyers job in court

A

Advise and represent clients in criminal or civil proceedings and in other legal matters. Communicate with clients, colleagues, judges, and others involved in a case. Conduct research and analysis of legal issues. Interpret laws, rulings, and regulations for individuals and businesses.

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4
Q

what are the parties in court

A

the plaintiff and the defendant, The plaintiff accuses, the defendant tries to prove that accusation wrong.

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5
Q

what is the plaintiff?

A

In a courtroom, the plaintiff is the person or group who is accusing another person or group of some wrongdoing. If you’re the plaintiff, you are claiming that a law was broken, and you’re in court to present your case.

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6
Q

what is the defendant?

A

In a civil suit, the person complained against; in a criminal case, the person accused of the crime

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7
Q

what are witnesses

A

A witness is a person who saw or heard the crime take place or may have important information about the crime or the defendant. Both the defense and the prosecutor can call witnesses to testify or tell what they know about the situation.

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8
Q

what is a courtroom deputy?

A

Attend court sessions and conferences. Assist with the orderly flow of proceedings including, but not limited to, setting up the courtroom, assuring presence of all necessary participants, and managing exhibits. Take notes of proceedings and rulings and prepare minute entries. Draft judgments for the Judge’s approval.

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9
Q

what is the court reporter?

A

Court reporters provide an accurate description of court proceedings. Court reporters create word-for-word transcriptions at trials, depositions, administrative hearings, and other legal proceedings.

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10
Q

what is original jurisdiction

A

Original jurisdiction means that the Supreme Court is the first, and only, Court to hear a case. The Constitution limits original jurisdiction cases to those involving disputes between the states or disputes arising among ambassadors and other high-ranking ministers. these courts determine the facts

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11
Q

what is appellate jurisdiction

A

Appellate jurisdiction means that the Court has the authority to review the decisions of lower courts. Most of the cases the Supreme Court hears are appeals from lower courts. don’t hear the facts only the legal issues ie; why their ruling was wrong

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12
Q

original vs appellate jurisdiction

A

he original jurisdiction of a court is the power to hear a case for the first time as opposed to appellate jurisdiction when a court has the power to review a lower court’s decision. Appellate jurisdiction is the power of a court to review decisions and change outcomes of decisions of lower courts.

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13
Q

appointment process

A

Supreme Court justices, court of appeals judges, and district court judges are nominated by the President and confirmed by the United States Senate, as stated in the Constitution.

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14
Q

what does the Senate have to vote for judge appointments to be confirmed or rejected?

A

A simple majority vote is required to confirm or to reject a nominee.

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15
Q

what is judicial activism

A

Judicial activism refers to the practice of judges making rulings based on their policy views rather than their honest interpretation of the current law.

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16
Q

what is judicial restraint

A

judicial restraint is the concept of a judge not injecting his or her own preferences into legal proceedings and rulings. Judges are said to exercise judicial restraint if they are hesitant to strike down laws that are not obviously unconstitutional.

17
Q

judicial restraint vs activism

A

For example, a judge who follows judicial activism believes that their own beliefs and opinions should factor into deciding the outcome of cases. However, a judge who follows judicial restraint believes that their own beliefs and opinions play no role in reaching decisions.

18
Q

what is a Writ of certiorari

A

a writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it. though the odds are slim it will be granted as 1000s are filed each year

19
Q

what might get you your writ of certiorari to be granted (heard)

A

1) your case is involving an important constitutional issue
2) an important issue involving federal law
3) a dispute where lower courts have a split decision (half believe the law is one thing while the other half thinks something else)

20
Q

what is stare decisis

A

The legal principle that courts should follow precedents set by earlier, similar cases, in order to maintain consistency and predictability in the law