Chapter 3: Judicial System Flashcards
Court System
Last branch of government to be addressed and very little direction was provided by the framers
What article created the Supreme Court and authorized Congress to establish inferior courts?
Article Three
Original Jurisdiction
“Trial Court”–Heard case for first time; in direct contact with parties; judge determines law; jury determines facts
Appellate Jurisdiction
Hears cases of appeal; Judges are called Justices; Reviews recorded for error; Establishes precedent; Everyone typically entitled to 1 appeal
Who can appeal a civil case?
Either party
Who can appeal a criminal case?
Only defendant (double jeopardy)
Selection of Judges
State judge elected; Federal judge appointed
Federal Courts
Guardians of the Constitution because their decisions protect the rights and liberties guaranteed by this document
Marbury v. Madison
Established the principle that the Supreme Court uniquely has the power to declare a law of Congress unconstitutional
Appellate Court
US Court of Appeals; 12 regional circuit court of appeals; 1 US court of appeals for the Federal Circuits
Trial Courts
US District Courts; 94 Judicial Districts; Has a few specialized courts (International Trade, Federal Claims); If don’t like outcome, can appeal to higher courts
What kind of cases do District Courts hear?
Federal Law, Disputes over $75,000 & US Constitution
Diversity of Jurisdiction
If plaintiff and defendant are from different states, it can be filed in Federal Court
Circuit Courts of Appeal
13 total; Everyone is automatically entitled to one appeal in Circuit Court; From here you can appeal again
Who appeals to the third circuit?
PA, NJ, DE, US Virgin Islands
Supreme Court
Does not have to hear your appeal; Final decision binds everyone
How many justices are on the Supreme Court?
9; We have 8 because Justice Scalia died
Writ of Certiorari
Name of an appeal to the US Supreme Court; “We wish to be informed”
Cases Appealed to USSC
8,000 appealed, 300 heard; If they refuse to hear a case, Circuit Court’s decision is final
Rule of 4
4 Justices need to agree to hear the case
Judicial Philosophy
3 Conservatives, 4 Liberals, 1 Moderate (swing vote)
Allocator
Name of an appeal to the State Supreme Court
Common Pleas Court
AKA Trial Court; Special Courts (Magisterial District Judges, Philadelphia Municipal Court, Philadelphia Traffic Court, Pittsburgh Municipal Court)
Jury System
The right to a trial by one’s peers; Written in 6th and 7th Amendments; Typically 12 jurors
Limitations to Jury Trial
$20 or higher; Penalty can be 6 months or higher of jail time
How many jurors must agree on the verdict?
Criminal Case must be unanimous; Civil Trials (5/6 must agree)
Hung Jury
If all 12 jurors can’t agree, DA has right to retry you
Voir Dire
Jury selection process; “to speak the truth”; Goal is to obtain a jury that will help you win
Challenge for Cause
Bias or prejudice, unlimited amount, judge decides
Pre-emptory Challenge
Discretionary challenges– don’t need to explain why; attorney decides, limited number
Jurisdiction
Refers to the power of the court to hear a case and grant release
Jurisdiction Over Subject Matter
Traffic court will not hear a divorce case; Tax court won’t hear an immigration case
Jurisdiction Over Person
Exists where the court has the authority to exercise its legal authority over a person; Limited to where person lives/can be served
What is the basic rule of jurisdiction?
You have to sue the defendant where they can be found (work or live); Exception if you can “tag” the person
Long Arm Statues
Times when you can get by the basic rule (tort within state, own property in state, doing business in state)
Venue
Place where a case should be heard; plaintiff decided where to file the suit
When can a change of venue occur?
When the defendant can not get a fair trial in the location because of prejudices or biases (Bill Cosby); Court thinks somewhere else is better suited to handle case
Standing
Constitution provides that judicial power shall extend to all cases and controversies; Plaintiff must have direct and substantial interest in outcome of the case filed; Plaintiff must show that they will actually be injured by subject matter of lawsuit
Standing
Constitution provides that judicial power shall extend to all cases and controversies; Plaintiff must have direct and substantial interest in outcome of the case filed
Full Faith and Credit (Article 4)
Shall be given in each state to the public acts, records, and judicial proceedings of every other state; Each state must uphold the laws and decrees of every other state
Comity
Recognition of foreign law; done as matter of courtesy
Litigation
Process is governed by rules of civil procedure
Stages of Trial
Pleadings (arrest warrant, lawsuit); Discovery (turning over all evidence to opponent); Trial (decision made)
Alternative Dispute Resolution (ADR)
Way to avoid courts
Arbitration
Voluntary, impartial 3d party, informal proceeding, binding decision, enforceable award; Most business agreements use this route
Meditation
Advisory; Labor disputes (strikes); SEPTA, Divorce Cases
US Court of Appeals
12 regional courts; 1 US Court of Appeals (D.C.); From here, you can appeal up to US Supreme Court
US Supreme Court
Final arbiter of all legal disputes; Court can be original or appeal; Hears 300/8000 cases
What type of original cases does the US Supreme Court hear?
Charges against Ambassador, Consuls, or Between States
What are the limitations to a Civil Case getting a jury?
More than $20; Usually 5-6/8 jurors must agree
What are the limitations to a Criminal Case getting a jury?
More than 6 months of jail at stake; 12/12 must agree on outcome
