Ch. 3 The Court System Flashcards
How do we enforce our laws in a property based legal system?
The court system
People who operate the courts?
Judges and Justices
Judges- Trial court - determines the Rules of Law for the case, also responsible for finding the facts
Justice- reviews case, decides an appeal- decision are Issues and application of Law
Rules in the court?
Procedural and substantive
Who oversees the trail of the case where facts are found, and initial rule?
Trial Judge - concerned with issues of fact
- determines rules of law
- renders a decision
Who is the fact finding body of the court?
Jury- or petit jury in trial jury.
What Amendments to the Constitution guarantee the
right of trial by jury?
6th and 7th
Federal rules of Civil Procedure states for the number of jurors?
6-12
Many are tried as 6 person juries today
Are all jury decisions required to be unanimous?
Most states, but not all. Many states have eliminated the requirement of unanimity in Civil cases and 2 states have done so in Criminal cases.
What can the appellate court determine?
Can overturn how the judge used the Law, not facts.
What do Lawyers do in the Courts?
Present the evidence, the points of law,
the arguments that are weighed by juries and judges in making their decisions.
Lawyer’s first duty is?
To administration of Justice
Lawyer’s list of duties is?
provide to each client the highest degree of
fidelity, loyalty, and integrity.
Lawyers serves 3 roles?
Counselor
Advocate
Public Servant
To encourage full disclosure by a client, the rules of evidence provide?
Confidential communications to a Lawyer are privileged. attorney client privilege.
What are the 2 major court systems?
Federal courts
50 States courts
What are the 3 levels of Federal and most state courts?
Trial courts -lawsuits begin here.
Court of appeals -appellate court
Supreme Courts -appellate court
Subject matter jurisdiction is what?
The power of a court, at state or federal level, to hear a case. To hear any type of case
- Some states trial courts have general jurisdiction-power to hear any type of case.
- limited jurisdiction - power to hear only certain types of cases.
Jurisdiction may be limited by?
subject matter
amount in controversy
location in which the parties live
-Creates order and efficiency
Limited jurisdiction courts have jurisdiction for which types of cases?
- Probate-wills and estates
- Juvenile - juvenile and dependent children
- Criminal and police courts -violators of state laws and municipal ordinances
- Traffic courts
How many states elect judges?
39
What sources govern the operations of state court systems?
3 sources:
- State constitutions
- State legislature - enacts statutes
- other legislation - general rules of procedure
What are trial courts also called?
Superior court
circuit court
district court
Trial courts determine both the facts and the law in the case.
What percentage of complaints are settled/fully resolved at the trial court level?
95%-98%
States with two levels of reviewing courts, what are the courts called?
- Intermediate court usually called Courts of Appeal (3-5 Judges)
- Supreme court (Court of final resort) (7-9 Judges)
»Cases travel from Trial to Courts of Appeal to Supreme Court.
The writ of certiorari is what?
The procedure for requesting a 2nd review, some states call it a petition for leave to appeal.
Less than 5% of all requests are granted.
What is a small claims court?
handles business between businesses and its customers. Maximum amount of $25,000
What constitutional article gives power to Congress to create courts?
Article II of the Constitution - provides power to be vested in the Supreme court and lower courts.
Federal courts judicial power extends to matters involving?
- questions of federal law
- US as a party
- State disagreements
- suits between citizens of different states (diversity of citizenship)
Federal courts have subject matter jurisdiction over federal question cases and diversity of citizenship cases.
Federal question cases involve what types, what subject matter jurisdiction?
Issues arising out of US constitution or Federal statues.
1. patents
2. copyrights
3. trademarks
4 taxes
5 employment discrimination
6. right guaranteed by the Bill of Rights
*Any amount of money maybe involved
*or violation of a constitutional right ie. Bill of Rights.
What is diversity of citizenship jurisdiction?
requires that all plaintiffs be citizens of different states from all defendants.
- Corporations considered persons
- Corporation is a citizen of the state of incorporation and its principle place of business
- jurisdictional amount MORE THAN $75,000
How many judges in the supreme court?
9 justices
How man courts of Appeals are there?
12 circuits courts of Appeal + 1 special Court of Appeals for Federal Circuit
What are the federal courts?
they are trial courts of the federal jurisdiction system
-One in every state and DC.
District courts have the authority to review what in a case?
Review lawsuits receive evidence evaluate testimony impanel juries resolve disputes -significant federal litigation begins in district court.
What does the Federal Rules of Civil Procedure provide?
details concerning procedure in federal court litigation
What does the Court of Appeals for Federal Circuit review?
Federal Circuit court located in DC
- US Claims court and Contract Appeals
- Administrative decisions such as those made by the Patent and Trademark office
To obtain a review by the Supreme court, what is the process?
File a petition for a writ of certiorari.
4 US Supreme court Justices must vote Yes to grant the petition.
writ of certiorari are granted for which types of cases?
cases of substantial federal importance, major constitutional issues or
where there is a conflict between decisions of 2 or more US circuit Courts of Appeal in an important area of the law.
Power of judicial review came from what SC case?
Marbury v. Madison
https://en.wikipedia.org/wiki/Marbury_v._Madison
What is judicial review?
Ultimate power to invalidate actions by the President or Congress.
-the most significant power of the courts is Judicial review.
What is Judicial Restraint?
Belief that Power should not be used except in unusual cases.
LIMITED ROLE for the courts
Don’t use Social, political, and economic issues to bring about change.
Do conservative or liberal judges like Judicial Restraint?
Conservatives agree with it
What is Judicial Restraint philosophy?
The Philosophy is referred as strict constructionism or judicial abstention.
What is Judicial Activism?
-Belief -must provide leadership in bringing about social, political, and economic change
-decided within the context of current society
-MORE EXPENSIVE role for the courts.
Less reliance on precedent.
Conservative or Liberal judges like Judicial Activism?
Liberal judges
Why is Judicial review important?
It is the most significant power of the courts which enables them to review laws passed by the legislative body and to declare them to be unconstitutional and void.
What is the Nature of the Judicial Process? how to come to a result.
cases to be decided/courts can
Use existing statutes and precedent
Create law where none exists
Refuse to apply case law or find constitutional
Will a ruling provide justice and sound precedent?
A ruling can create law in the process through making new precedent
What is essence of judicial duty?
the court must determine which of these conflicting rules govern the case:
Constitution or
Law
