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Government > Ch 6 Test > Flashcards

Ch 6 Test Flashcards

Judicial Branch

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1
Q

Established in the Constitution?

A

Article 3

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2
Q

Functions/Jobs (3)

int. laws, set. dis., create ___ for the future

A
  1. Interpret Laws
  2. Settle disputes
  3. Create expectations for the future (establish precedence)
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3
Q

Court Systems in the US (2)

A
  1. State Courts
  2. Federal/National Courts
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4
Q

Main Levels of the Federal/National Courts (3)

D,C/A,SC

A
  1. District Court
  2. Circuit/Appeals
  3. Supreme Court
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5
Q

Categories of Main Levels (2)

with examples

A
  1. Constitutional Courts (district = trial), Court of Appeals, Supreme Court
  2. Special Courts (armed services, veterans, federal claims, tax)

consti tutional = hear more on a federal level, district = mostly bc they are trial courts (1st one you go to)

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6
Q

Jurisdiction + Types (2)

auth. of a ___ to ______ a case, OG and Ap

A

Authority of a court to hear a case

Original - court in which a case is 1st heard

Appellate - court that hears cases

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7
Q

Jurisdiction That Courts Have

D= o + pt , C/A = Ap, 3 j can’t, SC, both, 15 j, can

A

District (94) - OG, petite juries

Circuit/Appeals (13) - Ap, 3 judges, can’t refuse to hear case

Supreme Court (1) - both, can refuse to hear a case (hear about 10%), 15 judges (OG was 6)

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8
Q

Appointment of Federal Judges

App. - P. Approved - S

A
  • Appointed by president
  • Approved by the
  • Lifetime
  • 1-3 judge panels
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9
Q

US Marshals

94 - why?

A

1 per district court

  • Police force of the court system
  • Extradite criminals
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10
Q

Types of Cases Federal Courts Hear

1 or both?

A
  1. Criminal
  2. Civil Disputes
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11
Q

Plantiff

A

Person who files the charges/suit

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12
Q

Defendant

A

The person who the complaint is against

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13
Q

Grand Jury

decides, enough ________, to trial

people on it? decides what? decided how?

A
  • 16 to 23 people on it
  • decide if there is enouugh evidence to bring someone to trial
  • only need a majority vote
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14
Q

Petite Jury

amt. of people? decides what? decides how?

A
  • 12 people
  • decides guilt or innocence of accused
  • unanimous vote required
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15
Q

NO Juries in Which Courts?

(C + S) And why?

A

Circuit + Supreme Courts
- Judges make all the rulings

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16
Q

The Supreme Court

“TCLR”, MvM, JR

A
  • “The Court of Last Resort (case can’t go any higher)
  • Marbury v Madison landmark case, gave SC the power of:
  • Judicial Review (right to decide is un/constitutional)
17
Q

Supreme Court cont’d

amt. of judges, case-hearing period, in charge?, # of cases accepted?

A
  • 9 judges
  • Cases heard Oct - June
  • Chief Justice in charge
  • 8k/10k case per year appealed = only 80-100 accepted (1%)
  • Case denied = ruling on lower court stands
18
Q

Deciding Cases to Accept

Sol. Gen, Rule of ___

A

Solicitor General - federal gov’s chief lawyer, screens all cases 1st

“Rule of Four” - if 4 out of 0 justices agree to hear the case

19
Q

Types of Cases Heard

coun., const., seas,

A
  1. Affect the entire country
  2. Involve constitutional questions
  3. “Committed on high seas” (rare)
20
Q

Writ of Certiorari

leg. order _____________ heard

A

Case receives this = legal order for the case to be heard

20
Q

Briefs

sum. of ____, so judge will

A

(written legal arguments) summary of the case presented by each lawyer

  • so judge can know the case, do their hw
20
Q

Oral Arguments

amt. of time? case lasts how long?

A

lawyers present their cases

  • each lawyer gets 3 minutes to present their cases
  • each case lasts 1 hour
21
Q

Court Opinions

A

Majority - gives reasons for their decision (off. ruling = winning side

Minority -gives reasons why they oppose the ruling (dissenting, losing side)

Decisions don’t have to be unanimous, are final, usully handed in sprin/summer

22
Q

Brief Summary of the State Courts

A
  • Most court cases on the state level
  • Almost all crim. cases in state courts
  • Vast majority of civil cases never go to court (settle)
  • Most judges elected (not app.) on the state level
23
Q

Level of Courts: Top to Bottom

SS, C, P, J, F, D, SC, T

A
  1. State Supreme Courts
  2. Circuit/Trial Courts (1 for each county, = to district courts on the fed. level) - “workhorse of the system”
  3. Probate Courts (estate, wills, etc.)
  4. Juvenile
  5. Family (custody, abuse, child support)
  6. Divorce
  7. Small Claims (minor suits, <10k)
  8. Traffic Courts (traffic violations)
24
Q

State Courts w/Juries

A

Circuit Courts

  • Rest are ruled by judge decision
25
Q

Spelled Out How the Federal Court System Would Work?

A

Judicial Act of 1789

Government (6 decks)

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