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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
What is the judiciary system?
An adversarial system. There is a winner and loser, it is a zero-sum game
25
When there's more than one judge, or three judges sitting together what is it called?
En banc
26
What does en banc mean?
On bench
27
Can jurisdictions be changed by law?
No they can only be changed by constitutional amendments
28
Who are the players in the case? E.g. the plaintiff and the defendant
The litigants
29
Who is the head of the Justice Department in the executive branch?
Atty. Gen.
30
Who is the nations top lawyer? They argue for the United States
The solicitor Gen.
31
Who is the prosecutor for the Justice Department?
The US attorney
32
What do litigants have if they have injury?
Standing
33
When do you not have standing?
When you do not have an injury
34
When can you not sue someone?
If you don't have standing, or the case cannot be decided
35
What do you have if you have injury or suffered a loss?
Standing to sue
36
What kind of law covers disputes between people?
Civil law
37
What kind of law covers crimes against society?
Criminal law
38
What is it called if a decision can be reached by legal means?
Justicable
39
What is latin for friend of the court?
Amicus curiae
40
When does Amicus curiae come into play?
When a brief is filed against a case in which you have no standing, but you have an opinion
41
Name the sources of law
The Constitution, statutes legislators make, administrative rules and regulations, common-law, equity law, and international law
42
What is A written statement or opinion?
A brief
43
what is it called when you claim injury as a group?
Class action suit
44
What is the dual system?
Civilians are under and subject to the federal law and state and local law
45
What is the law that doesn't have the same civilian rights as the rest of the United States?
Military law
46
Who doesn't hear every case, and wants broad solutions?
Appeals court in states
47
What must one have to bypass appeals to get straight to the Supreme Court?
Fundamental federal question
48
Who goes through cases preliminarily?
Law clerks
49
What is it called when four justices have to want the case in order to read it?
Rule of four
50
What is Latin for "to make certain"?
Writ of certiorari
51
What transfers a case?
Writ of certiorari
52
When is the court in session?
October to June
53
Who assigned cases to Justices? And has their own opinions?
Chief Justice
54
What happens when the when the court is in session?
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
What happens before the court votes on a case?
They read the written briefs, they hear oral arguments they vote right their own opinions issued the opinions on opinion day
56
When is opinion day and what is it?
Every Monday between October and June and the justices is she their opinions on a case
57
What happens after voting?
The Supreme Court issues opinions and they do not have to give a written one
58
What is Latin for results without reason?
Per curium
59
What are the four opinions the Supreme Court can issue?
Majority, unanimous, concurring and dissenting
60
What is majority opinion?
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
What is a unanimous opinion?
All justices agree with the same reasons, and there's only one type of legal reasoning
62
What is a dissenting opinion?
They disagree and this is why I may explain why. It is minority opinion
63
What happens when a case is sent back down with or without reason?
It has been Remanded
64
What is a reason for a court not to take a case?
Political question
65
What is it called when the Supreme Court wants Congress to fix a problem? Or the legislators can correct it
Political question
66
What is it called when the court does something Congress can do?
Legislating from the bench
67
How is the court divided?
Four are restraints, four are activists, one guy has a swing vote
68
What are the views of judicial activism?
That the Constitution should be reinterpreted by current standards. They enjoy landmark decisions
69
What are the views of judicial restraint?
Believe in interpreting the Constitution by its original intent. Believe in stare decisis and following precedents
70
What is it called when the constitution is interpreted by what is meant when it was written?
Original intent
71
What is Latin for let the decision go?
Stare decisis
72
What are politics involved in?
Everything
73
What changes a laws direction?
Landmark decision
74
What is the Arizona immigration policy?
Arizona police can stop car if it looks like an illegal alien
75
Can cases be brought from State Supreme Court federal Supreme Court?
Yes
76
What is a metaphor for checking someone's ideology?
Litmus test
77
What is a list of the order in which court takes up cases?
Docket
78
What is adversarial system?
One person wins, one person loses
79
What percent of cases to the Supreme Court reject?
90%
80
What percent of arrests are plea deals?
95%
81
one is subject to both federal and state jurisdiction?
Dual jurisdiction
82
What is it when two jurisdictions overlap?
Concurrent jurisdiction
83
What is the law of the high seas?
Admiralty
84
What are the courts created an article 3
Constitutional courts
85
What is the custom presidents observed before appointing a judge?
Senatorial courtesy
86
What is the swing vote?
A tiebreaker
87
What court hears evidence investigates and decides if one is guilty or innocent
The court of fact in the district courts
88
What law prevents injury (something that hasn't happened yet)?
Equity law
89
What is the law of the land?
Constitution
90
What is the law of the state
Common law
91
What federal court has appellate and original jurisdiction?
The Supreme Court
92
What is it called when one needs for votes to accept the case?
Rule of four
93
What is a legal written or oral argument?
Brief

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