Chapter 2 Flashcards

1
Q

What is the 3-tiered Federal Court system?

A

Level 1: US District Court (trial court)
Level 2: US court of appeals
Level 3: US Supreme Court

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2
Q

What are the distinctions between trial and appellate courts?

A

Trial courts hear cases for the first time, focusing on facts and evidence, while appellate courts review trial court decisions for legal errors, without hearing new evidence

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3
Q

What is the role of judges?

A

To guide the trial and rule on motions

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4
Q

What is the number of court systems in the US?

A

52 systems, 50 state systems, one for DC, and one federal system

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5
Q

Level 1: US District Court (Trial court)

A

Courts of original jurisdiction
Handles criminal and civil cases
Purpose: determine facts, apply legal principles
94 district courts, each state has at least one

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6
Q

Level 2: US court of appeals

A

Reviews trial court decisions for procedural or substantial legal errors
Three judge panels hear appeals
Cannot retry cases, only review them
11 regional circuit courts, and one for DC

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7
Q

Level 3: US Supreme Court

A

Highest court in the country
Composed of one chief justice and a eight associate justices
Power to set precedents for all lower courts
Number of justices set by Congress (historically varied, currently 9)

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8
Q

Appellate Court options

A
  • Affirm the lower courts decision
  • Reverse the decision and order a new trial
  • reverse and order the case dismissed
  • remand the case back to the trial court
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9
Q

Fifth Amendment

A

protects individuals’ rights against double jeopardy

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10
Q

Appeal

A

Request to a higher court to review a lower court decision
can be made for legal errors, not for factual disagreements

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11
Q

Jurisdiction

A

Court authority to hear a case

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12
Q

Personal jurisdiction

A

Over the defendant

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13
Q

Subject jurisdiction

A

Over the case type

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14
Q

Venue

A

Geographical area where a case is tried and can be changed due to massive publicity

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15
Q

Supreme Court justices

A

Appointed by the president, confirmed by the Senate

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16
Q

judicial appointment

A

Lifetime appointment, removable only by impeachment

17
Q

What are the four types of legal opinions in appellate courts?

A
  1. Opinion of the court: majority decision, sets precedent
  2. Plurality opinion: the largest block of votes, but not a majority.
  3. Per curiam opinion: unsigned, reflects majority view
  4. Memorandum decision: no written opinion.
18
Q

Mootness

A

Case is no longer relevant

19
Q

Ripeness

A

Case must be ready for review

20
Q

Standing

A

A party must be directly affected to sue

21
Q

Affirm

A

To uphold a lower court decision

22
Q

Reverse

A

To overturn a lower courts decision

23
Q

Remand

A

To send a case back to a lower court for further action

24
Q

Majority opinion

A

Courts decision supported by most justices

25
Q

Dissenting opinion

A

Disagreement with the majority

26
Q

Concurring opinion

A

Agreement with the majority, but with different reasoning

27
Q

Precedent

A

Previous court ruling that serves as a guideline

28
Q

Double Jeopardy

A

A defendant cannot be tried twice for the same crime

29
Q

How are Supreme Court justices appointed?

A

appointed by the President and confirmed by the Senate.