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Legal Studies > Chapter 3: Judicial System > Flashcards

Chapter 3: Judicial System Flashcards

1
Q

Court System

A

Last branch of government to be addressed and very little direction was provided by the framers

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2
Q

What article created the Supreme Court and authorized Congress to establish inferior courts?

A

Article Three

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3
Q

Original Jurisdiction

A

“Trial Court”–Heard case for first time; in direct contact with parties; judge determines law; jury determines facts

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4
Q

Appellate Jurisdiction

A

Hears cases of appeal; Judges are called Justices; Reviews recorded for error; Establishes precedent; Everyone typically entitled to 1 appeal

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5
Q

Who can appeal a civil case?

A

Either party

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6
Q

Who can appeal a criminal case?

A

Only defendant (double jeopardy)

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7
Q

Selection of Judges

A

State judge elected; Federal judge appointed

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8
Q

Federal Courts

A

Guardians of the Constitution because their decisions protect the rights and liberties guaranteed by this document

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9
Q

Marbury v. Madison

A

Established the principle that the Supreme Court uniquely has the power to declare a law of Congress unconstitutional

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10
Q

Appellate Court

A

US Court of Appeals; 12 regional circuit court of appeals; 1 US court of appeals for the Federal Circuits

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11
Q

Trial Courts

A

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

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12
Q

What kind of cases do District Courts hear?

A

Federal Law, Disputes over $75,000 & US Constitution

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13
Q

Diversity of Jurisdiction

A

If plaintiff and defendant are from different states, it can be filed in Federal Court

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14
Q

Circuit Courts of Appeal

A

13 total; Everyone is automatically entitled to one appeal in Circuit Court; From here you can appeal again

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15
Q

Who appeals to the third circuit?

A

PA, NJ, DE, US Virgin Islands

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16
Q

Supreme Court

A

Does not have to hear your appeal; Final decision binds everyone

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17
Q

How many justices are on the Supreme Court?

A

9; We have 8 because Justice Scalia died

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18
Q

Writ of Certiorari

A

Name of an appeal to the US Supreme Court; “We wish to be informed”

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19
Q

Cases Appealed to USSC

A

8,000 appealed, 300 heard; If they refuse to hear a case, Circuit Court’s decision is final

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20
Q

Rule of 4

A

4 Justices need to agree to hear the case

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21
Q

Judicial Philosophy

A

3 Conservatives, 4 Liberals, 1 Moderate (swing vote)

22
Q

Allocator

A

Name of an appeal to the State Supreme Court

23
Q

Common Pleas Court

A

AKA Trial Court; Special Courts (Magisterial District Judges, Philadelphia Municipal Court, Philadelphia Traffic Court, Pittsburgh Municipal Court)

24
Q

Jury System

A

The right to a trial by one’s peers; Written in 6th and 7th Amendments; Typically 12 jurors

25
Q

Limitations to Jury Trial

A

$20 or higher; Penalty can be 6 months or higher of jail time

26
Q

How many jurors must agree on the verdict?

A

Criminal Case must be unanimous; Civil Trials (5/6 must agree)

27
Q

Hung Jury

A

If all 12 jurors can’t agree, DA has right to retry you

28
Q

Voir Dire

A

Jury selection process; “to speak the truth”; Goal is to obtain a jury that will help you win

29
Q

Challenge for Cause

A

Bias or prejudice, unlimited amount, judge decides

30
Q

Pre-emptory Challenge

A

Discretionary challenges– don’t need to explain why; attorney decides, limited number

31
Q

Jurisdiction

A

Refers to the power of the court to hear a case and grant release

32
Q

Jurisdiction Over Subject Matter

A

Traffic court will not hear a divorce case; Tax court won’t hear an immigration case

33
Q

Jurisdiction Over Person

A

Exists where the court has the authority to exercise its legal authority over a person; Limited to where person lives/can be served

34
Q

What is the basic rule of jurisdiction?

A

You have to sue the defendant where they can be found (work or live); Exception if you can “tag” the person

35
Q

Long Arm Statues

A

Times when you can get by the basic rule (tort within state, own property in state, doing business in state)

36
Q

Venue

A

Place where a case should be heard; plaintiff decided where to file the suit

37
Q

When can a change of venue occur?

A

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

38
Q

Standing

A

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

39
Q

Standing

A

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

40
Q

Full Faith and Credit (Article 4)

A

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

41
Q

Comity

A

Recognition of foreign law; done as matter of courtesy

42
Q

Litigation

A

Process is governed by rules of civil procedure

43
Q

Stages of Trial

A

Pleadings (arrest warrant, lawsuit); Discovery (turning over all evidence to opponent); Trial (decision made)

44
Q

Alternative Dispute Resolution (ADR)

A

Way to avoid courts

45
Q

Arbitration

A

Voluntary, impartial 3d party, informal proceeding, binding decision, enforceable award; Most business agreements use this route

46
Q

Meditation

A

Advisory; Labor disputes (strikes); SEPTA, Divorce Cases

47
Q

US Court of Appeals

A

12 regional courts; 1 US Court of Appeals (D.C.); From here, you can appeal up to US Supreme Court

48
Q

US Supreme Court

A

Final arbiter of all legal disputes; Court can be original or appeal; Hears 300/8000 cases

49
Q

What type of original cases does the US Supreme Court hear?

A

Charges against Ambassador, Consuls, or Between States

50
Q

What are the limitations to a Civil Case getting a jury?

A

More than $20; Usually 5-6/8 jurors must agree

51
Q

What are the limitations to a Criminal Case getting a jury?

A

More than 6 months of jail at stake; 12/12 must agree on outcome

Legal Studies (10 decks)

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