Chapter 18 Flashcards
Name the two court systems and give an approximation of the number of courts they have
National-over 100
State-1000s
Who can create the inferior courts and the lower federal courts?
Congress
What created the Supreme Court?
The constitution
Name and describe the two types of federal courts
Constitutional- exercise “the judicial power of the United States”
Special- cases arising out of the expressed powers given to congress in article 1
What is jurisdiction?
The authority of a court to hear (to try and decide) a case
What is exclusive jurisdiction?
Only federal courts
What is concurrent jurisdiction?
Cases in either the state or federal courts
What is original jurisdiction?
The court in which the case was first heard has original jurisdiction
What is appellate jurisdiction, and who has both original and appellate jurisdiction?
The court that hears a case form a lower court has appellate jurisdiction, Supreme Court
Who appoints judges?
The president with approval from congress
Where do most president pull their judges from?
Their own party
How long do Supreme Court judges stay for?
Life, or until they resign, retire, or die
What are the inferior courts?
The core of the federal judicial system hearing nearly all of the cases tried in federal courts
What are the district courts?
The federal trial courts that handle 80% of the federal caseload and has the largest jurisdiction
Describe a criminal and civil case
Criminal- a defendant is tried for committing some action that congress has declared to be a federal law
Civil- non criminal
What does the Federal Court of Appeals do?
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
What does the Court of International Trade do?
Hear cases arising out of tariff and other trade related laws
What does the Court of Appeals for the Federal Circuit do?
Centralize and speed up the handling of appeals in certain kinds of civil cases
What was the court system like during the articles of confederation?
There was no national court or national judiciary
What court is the final authority on questions of federal law?
Supreme
Name the case that gave the supreme court its powers and describe what it did
Marbury v Madison- gave the Supreme Court the right to declare acts of congress unconstitutional
About how many cases does the Supreme Court hear each year?
100s
How is the decision made to put a case on the Supreme Court’s docket?
4 out of the nine justices must want it on there
What is the name for how most cases reach the Supreme Court?
Writ of Certiorari
What is the majority opinion?
Announcement of the courts decision in a case and sets out a reasoning upon which it wad based
What is the precedent?
The court decision that stands as an example to be followed in future similar cases
What is the concurring opinion?
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
What is a dissenting opinion?
Written explanation of the view of one or more judges who disagree with a decision reached by the majority
What is a landmark decision?
A case that sets a precedent for laws in the U.S.
Describe the jurisdiction of special courts
Very narrow
What is a court martial?
A court that is composed of military personnel for the trial of those accused of violating military laws
