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Civics > Article 3- Federal Judiciary > Flashcards

Article 3- Federal Judiciary Flashcards

0
Q

What court is not made by Congress?

A

The Supreme Court

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1
Q

What does article 3 talk about?

A

It talks about only one court, and that is the Supreme Court. It says there will be a Supreme Court and any inferior courts Congress creates

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2
Q

What are courts called officially?

A

Constitutional courts, because they are expressed in the Constitution

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3
Q

How many levels of courts are there?

A

Three

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4
Q

What are the three levels of courts?

A

The district court is at the bottom and there are 91 of them, appeals court is in the middle, America 12, and the Supreme Court which is the top at a federal level

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5
Q

How long are judges appointed for?

A

Term life

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6
Q

Can judges be impeached?

A

Yes

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7
Q

How many Supreme Court judges have been impeached?

A

Only one

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8
Q

What are courts created by legislators called?

A

Legislative courts

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9
Q

What are some examples of legislative courts?

A

US tax courts, and military appeals

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10
Q

Does the military apply to the federal justice system?

A

No, they have their own military justice system

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11
Q

How are judges selected?

A

They are appointed, not elected

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12
Q

Can judges be fired?

A

Yes

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13
Q

Do judges have tenure?

A

No, They do not have a set length of time that they can be in office

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14
Q

What contains all of the government jobs?

A

The Plum book

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15
Q

What are the jurisdictions of courts?

A

Anything under the Constitution, treaties or statutes,
all cases of Admiralty and Maritime,
all cases affecting diplomats,
any controversy in which the US is a party,
a controversy between two states,
a citizen of one State versus a citizen of another,
Citizen of State versus that state,
a US citizen versus an International state or citizen

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16
Q

What is original jurisdiction?

A

It is a keep that originates in the states, it originates in the district courts or trial court

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17
Q

What is appellate jurisdiction?

A

Case can only reach the appeals court through the lower levels

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18
Q

How many judges can the District Court have?

A

One or three

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19
Q

Can a district court or appellate court have an even number of judges?

A

No, they must always be odd number of judges

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20
Q

What is the court of last appeal?

A

The Supreme Court

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21
Q

How many justices does the Supreme Court have?

A

Nine, there Are 8 Justices and one Chief Justice. They are bound by law, And Congress can change the number of justices by changing the law

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22
Q

What do the trial courts do?

A

They hear facts and make decisions

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23
Q

What Is another name for the trial court?

A

A court of fact

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24
Q

What is the judiciary system?

A

An adversarial system. There is a winner and loser, it is a zero-sum game

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25
Q

When there’s more than one judge, or three judges sitting together what is it called?

A

En banc

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26
Q

What does en banc mean?

A

On bench

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27
Q

Can jurisdictions be changed by law?

A

No they can only be changed by constitutional amendments

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28
Q

Who are the players in the case? E.g. the plaintiff and the defendant

A

The litigants

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29
Q

Who is the head of the Justice Department in the executive branch?

A

Atty. Gen.

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30
Q

Who is the nations top lawyer? They argue for the United States

A

The solicitor Gen.

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31
Q

Who is the prosecutor for the Justice Department?

A

The US attorney

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32
Q

What do litigants have if they have injury?

A

Standing

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33
Q

When do you not have standing?

A

When you do not have an injury

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34
Q

When can you not sue someone?

A

If you don’t have standing, or the case cannot be decided

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35
Q

What do you have if you have injury or suffered a loss?

A

Standing to sue

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36
Q

What kind of law covers disputes between people?

A

Civil law

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37
Q

What kind of law covers crimes against society?

A

Criminal law

38
Q

What is it called if a decision can be reached by legal means?

A

Justicable

39
Q

What is latin for friend of the court?

A

Amicus curiae

40
Q

When does Amicus curiae come into play?

A

When a brief is filed against a case in which you have no standing, but you have an opinion

41
Q

Name the sources of law

A

The Constitution, statutes legislators make, administrative rules and regulations, common-law, equity law, and international law

42
Q

What is A written statement or opinion?

A

A brief

43
Q

what is it called when you claim injury as a group?

A

Class action suit

44
Q

What is the dual system?

A

Civilians are under and subject to the federal law and state and local law

45
Q

What is the law that doesn’t have the same civilian rights as the rest of the United States?

A

Military law

46
Q

Who doesn’t hear every case, and wants broad solutions?

A

Appeals court in states

47
Q

What must one have to bypass appeals to get straight to the Supreme Court?

A

Fundamental federal question

48
Q

Who goes through cases preliminarily?

A

Law clerks

49
Q

What is it called when four justices have to want the case in order to read it?

A

Rule of four

50
Q

What is Latin for “to make certain”?

A

Writ of certiorari

51
Q

What transfers a case?

A

Writ of certiorari

52
Q

When is the court in session?

A

October to June

53
Q

Who assigned cases to Justices? And has their own opinions?

A

Chief Justice

54
Q

What happens when the when the court is in session?

A

The Chief Justice assigned cases to other justices, he has his own opinions on the cases, justices make notes on this cases, the neighborhood. the law clerks gather info about the cases

55
Q

What happens before the court votes on a case?

A

They read the written briefs, they hear oral arguments they vote right their own opinions issued the opinions on opinion day

56
Q

When is opinion day and what is it?

A

Every Monday between October and June and the justices is she their opinions on a case

57
Q

What happens after voting?

A

The Supreme Court issues opinions and they do not have to give a written one

58
Q

What is Latin for results without reason?

A

Per curium

59
Q

What are the four opinions the Supreme Court can issue?

A

Majority, unanimous, concurring and dissenting

60
Q

What is majority opinion?

A

For the majority agrees with the results but for different reasons. It can go 5-4, 6-3, 7-2, 8-1. Similar to concurring opinion

61
Q

What is a unanimous opinion?

A

All justices agree with the same reasons, and there’s only one type of legal reasoning

62
Q

What is a dissenting opinion?

A

They disagree and this is why I may explain why. It is minority opinion

63
Q

What happens when a case is sent back down with or without reason?

A

It has been Remanded

64
Q

What is a reason for a court not to take a case?

A

Political question

65
Q

What is it called when the Supreme Court wants Congress to fix a problem? Or the legislators can correct it

A

Political question

66
Q

What is it called when the court does something Congress can do?

A

Legislating from the bench

67
Q

How is the court divided?

A

Four are restraints, four are activists, one guy has a swing vote

68
Q

What are the views of judicial activism?

A

That the Constitution should be reinterpreted by current standards. They enjoy landmark decisions

69
Q

What are the views of judicial restraint?

A

Believe in interpreting the Constitution by its original intent. Believe in stare decisis and following precedents

70
Q

What is it called when the constitution is interpreted by what is meant when it was written?

A

Original intent

71
Q

What is Latin for let the decision go?

A

Stare decisis

72
Q

What are politics involved in?

A

Everything

73
Q

What changes a laws direction?

A

Landmark decision

74
Q

What is the Arizona immigration policy?

A

Arizona police can stop car if it looks like an illegal alien

75
Q

Can cases be brought from State Supreme Court federal Supreme Court?

A

Yes

76
Q

What is a metaphor for checking someone’s ideology?

A

Litmus test

77
Q

What is a list of the order in which court takes up cases?

A

Docket

78
Q

What is adversarial system?

A

One person wins, one person loses

79
Q

What percent of cases to the Supreme Court reject?

A

90%

80
Q

What percent of arrests are plea deals?

A

95%

81
Q

one is subject to both federal and state jurisdiction?

A

Dual jurisdiction

82
Q

What is it when two jurisdictions overlap?

A

Concurrent jurisdiction

83
Q

What is the law of the high seas?

A

Admiralty

84
Q

What are the courts created an article 3

A

Constitutional courts

85
Q

What is the custom presidents observed before appointing a judge?

A

Senatorial courtesy

86
Q

What is the swing vote?

A

A tiebreaker

87
Q

What court hears evidence investigates and decides if one is guilty or innocent

A

The court of fact in the district courts

88
Q

What law prevents injury (something that hasn’t happened yet)?

A

Equity law

89
Q

What is the law of the land?

A

Constitution

90
Q

What is the law of the state

A

Common law

91
Q

What federal court has appellate and original jurisdiction?

A

The Supreme Court

92
Q

What is it called when one needs for votes to accept the case?

A

Rule of four

93
Q

What is a legal written or oral argument?

A

Brief

Civics (10 decks)

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