Ch 6 Test Flashcards
Judicial Branch
Established in the Constitution?
Article 3
Functions/Jobs (3)
int. laws, set. dis., create ___ for the future
- Interpret Laws
- Settle disputes
- Create expectations for the future (establish precedence)
Court Systems in the US (2)
- State Courts
- Federal/National Courts
Main Levels of the Federal/National Courts (3)
D,C/A,SC
- District Court
- Circuit/Appeals
- Supreme Court
Categories of Main Levels (2)
with examples
- Constitutional Courts (district = trial), Court of Appeals, Supreme Court
- 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)
Jurisdiction + Types (2)
auth. of a ___ to ______ a case, OG and Ap
Authority of a court to hear a case
Original - court in which a case is 1st heard
Appellate - court that hears cases
Jurisdiction That Courts Have
D= o + pt , C/A = Ap, 3 j can’t, SC, both, 15 j, can
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)
Appointment of Federal Judges
App. - P. Approved - S
- Appointed by president
- Approved by the
- Lifetime
- 1-3 judge panels
US Marshals
94 - why?
1 per district court
- Police force of the court system
- Extradite criminals
Types of Cases Federal Courts Hear
1 or both?
- Criminal
- Civil Disputes
Plantiff
Person who files the charges/suit
Defendant
The person who the complaint is against
Grand Jury
decides, enough ________, to trial
people on it? decides what? decided how?
- 16 to 23 people on it
- decide if there is enouugh evidence to bring someone to trial
- only need a majority vote
Petite Jury
amt. of people? decides what? decides how?
- 12 people
- decides guilt or innocence of accused
- unanimous vote required
NO Juries in Which Courts?
(C + S) And why?
Circuit + Supreme Courts
- Judges make all the rulings
The Supreme Court
“TCLR”, MvM, JR
- “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)
Supreme Court cont’d
amt. of judges, case-hearing period, in charge?, # of cases accepted?
- 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
Deciding Cases to Accept
Sol. Gen, Rule of ___
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
Types of Cases Heard
coun., const., seas,
- Affect the entire country
- Involve constitutional questions
- “Committed on high seas” (rare)
Writ of Certiorari
leg. order _____________ heard
Case receives this = legal order for the case to be heard
Briefs
sum. of ____, so judge will
(written legal arguments) summary of the case presented by each lawyer
- so judge can know the case, do their hw
Oral Arguments
amt. of time? case lasts how long?
lawyers present their cases
- each lawyer gets 3 minutes to present their cases
- each case lasts 1 hour
Court Opinions
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
Brief Summary of the State Courts
- 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
Level of Courts: Top to Bottom
SS, C, P, J, F, D, SC, T
- State Supreme Courts
- Circuit/Trial Courts (1 for each county, = to district courts on the fed. level) - “workhorse of the system”
- Probate Courts (estate, wills, etc.)
- Juvenile
- Family (custody, abuse, child support)
- Divorce
- Small Claims (minor suits, <10k)
- Traffic Courts (traffic violations)
State Courts w/Juries
Circuit Courts
- Rest are ruled by judge decision
Spelled Out How the Federal Court System Would Work?
Judicial Act of 1789
