Chapter 18 Flashcards

1
Q

Name the two court systems and give an approximation of the number of courts they have

A

National-over 100

State-1000s

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2
Q

Who can create the inferior courts and the lower federal courts?

A

Congress

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3
Q

What created the Supreme Court?

A

The constitution

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4
Q

Name and describe the two types of federal courts

A

Constitutional- exercise “the judicial power of the United States”

Special- cases arising out of the expressed powers given to congress in article 1

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5
Q

What is jurisdiction?

A

The authority of a court to hear (to try and decide) a case

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6
Q

What is exclusive jurisdiction?

A

Only federal courts

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7
Q

What is concurrent jurisdiction?

A

Cases in either the state or federal courts

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8
Q

What is original jurisdiction?

A

The court in which the case was first heard has original jurisdiction

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9
Q

What is appellate jurisdiction, and who has both original and appellate jurisdiction?

A

The court that hears a case form a lower court has appellate jurisdiction, Supreme Court

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10
Q

Who appoints judges?

A

The president with approval from congress

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11
Q

Where do most president pull their judges from?

A

Their own party

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12
Q

How long do Supreme Court judges stay for?

A

Life, or until they resign, retire, or die

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13
Q

What are the inferior courts?

A

The core of the federal judicial system hearing nearly all of the cases tried in federal courts

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14
Q

What are the district courts?

A

The federal trial courts that handle 80% of the federal caseload and has the largest jurisdiction

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15
Q

Describe a criminal and civil case

A

Criminal- a defendant is tried for committing some action that congress has declared to be a federal law

Civil- non criminal

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16
Q

What does the Federal Court of Appeals do?

A

Acts as a “gatekeeper” to relieve the Supreme Court of so much of the work, hear appeals from district courts, consider cases from regulatory agencies

17
Q

What does the Court of International Trade do?

A

Hear cases arising out of tariff and other trade related laws

18
Q

What does the Court of Appeals for the Federal Circuit do?

A

Centralize and speed up the handling of appeals in certain kinds of civil cases

19
Q

What was the court system like during the articles of confederation?

A

There was no national court or national judiciary

20
Q

What court is the final authority on questions of federal law?

A

Supreme

21
Q

Name the case that gave the supreme court its powers and describe what it did

A

Marbury v Madison- gave the Supreme Court the right to declare acts of congress unconstitutional

22
Q

About how many cases does the Supreme Court hear each year?

A

100s

23
Q

How is the decision made to put a case on the Supreme Court’s docket?

A

4 out of the nine justices must want it on there

24
Q

What is the name for how most cases reach the Supreme Court?

A

Writ of Certiorari

25
Q

What is the majority opinion?

A

Announcement of the courts decision in a case and sets out a reasoning upon which it wad based

26
Q

What is the precedent?

A

The court decision that stands as an example to be followed in future similar cases

27
Q

What is the concurring opinion?

A

A written explanation of the views of one or more judges who support a decision reached by a majority of the court, but wish to add or emphasize a point that was not made in the majority decision

28
Q

What is a dissenting opinion?

A

Written explanation of the view of one or more judges who disagree with a decision reached by the majority

29
Q

What is a landmark decision?

A

A case that sets a precedent for laws in the U.S.

30
Q

Describe the jurisdiction of special courts

A

Very narrow

31
Q

What is a court martial?

A

A court that is composed of military personnel for the trial of those accused of violating military laws