Chapter 5: The Court System

Question 1

levels of courts (3)

Answer 1

• trial
• appellate
• final appellate

Question 2

trial court function (3)

Answer 2

• look at facts and decide dispute
• adversarial system
• case decided by jury or judge

Question 3

appeals court function (5)

Answer 3

• one party asks court to review decision of trial court
• based on allegation of mistake in procedure or interpretation of the law
• no jury, testimony, or new evidence
• usually 3 judges
• issues written opinion or ruling

Question 4

types of opinions (3)

Answer 4

• dissenting
• majority
• concurring

Question 5

dissenting

Answer 5

when one judge disagrees with the majority

Question 6

majority

Answer 6

the decision (3-0 or 2-1)

Question 7

concurring

Answer 7

agrees with the outcome of the majority but for different reasons

Question 8

decisions within opinions (3)

Answer 8

• uphold
• reverse
• remand

Question 9

uphold

Answer 9

appeals court agrees with the lower court

Question 10

reverse

Answer 10

change decision of the lower court

Question 11

remand

Answer 11

redo at trial level

Question 12

court of last resort

Answer 12

everything applies from appeals court

Question 13

federal courts (3)

Answer 13

• district court
• circuit court of appeals
• supreme court

Question 14

US District Courts (3)

Answer 14

• trial court for federal government
• 94 trial courts total
• 89 trial courts in the states (DC doesn’t count)

Question 15

district courts not in US (5)

Answer 15

• Puerto Rico
• Virgin Islands
• Guam
• Northern Marina Islands
• DC

Question 16

PA district courts (3)

Answer 16

• pittsburgh
• scranton
• philadelphia

Question 17

US Circuit Court of Appeals (2)

Answer 17

• appellate court for the federal gov

* 13 circuit courts

Question 18

PA Circuit Court (3)

Answer 18

• 3rd
• Philadelphia
• Samuel Alito

Question 19

DC Circuit Courts (2)

Answer 19

• 12th - DC

* 13th - federal

Question 20

court of last resort (supreme court) function (4)

Answer 20

• clarify law when courts disagree about interpretation of constitution or federal law
• should have 9 justices
• term: 1st monday of october - about end of june
• court doesnt have to hear case if they dont want to

Question 21

supreme court justices (8)

Answer 21

• chief justice: john roberts
• ruth bader ginsburg
• sonia sotomayor
• stephen breyer
• samuel alito
• elena kagan
• clarence thomas
• anthony kennedy

Question 22

docket (2)

Answer 22

• schedule of court hearings

* only about 1% of appealed cases are ruled (100/10000)

Question 23

how cases are chosen (3)

Answer 23

• each justice has about 4 clerks
• clerks go through appeals and bring them to the justices
• rule of 4

Question 24

rule of 4

Answer 24

• only 4 justices have to want the case

Question 25

process of getting case to supreme court (3)

Answer 25

• lawyers request in writing why the case should be heard
• lawyers agrue in writing how the case should be decided
• oral agruements

Question 26

oral arguements

Answer 26

• 3 days a week

* only given 30min

Question 27

how to become a supremem court justice (2)

Answer 27

• nominated by president

* senate holds confirmation hearing (senate judiciary committee

Question 28

PA state courts (5)

Answer 28

• district magistrate
• court of common pleas
• superior court
• commonwealth court
• supreme court

Question 29

district magistrate (4)

Answer 29

• jimmy ellis
• judges elected in odd number years
• 6yr terms
• preliminary hearings

Question 30

court of common pleas (5)

Answer 30

• decides all matters not delegated to lower courts
• 10 yr terms (common please and up)
• can do everything that a magistrate can and more
• Allegheny: 43 judges
• Washington: 6 judges

Question 31

superior court (3)

Answer 31

• 15 justices
• justices travel (superior/civil and up)
• appeals on criminal cases, most civil, and those involving children and families

Question 32

commonwealth court (2)

Answer 32

• cases involving state and local gov agencies

* 9 justices

Question 33

state supreme court

Answer 33

• highest court in pa

* if appealing death penalty, skip second level and go straight to state supreme

Question 34

Tinker v Des Moines Independent School District

Answer 34

students and teachers have their rights to freedom of speech of expression at school as long as they don’t disrupt classwork, school activities, or invade the rights of others

Question 35

New Jersey v TLO

Answer 35

school did have reasonable suspicion to search her purse

Question 36

ingraham v wright (2)

Answer 36

• 8th amendent only protects criminals from the gov
• schools can use corporal punishment but are advised to consider multiple factors of the situation and the use of less severe but equally effective means of discipline

Question 37

Santa Fe Independent School District v Jane Doe

Answer 37

schools can’t sponor any type of religious activity

Question 38

Kent v United States (2)

Answer 38

• minors can be tried as adults

* can’t get death penalty

Question 39

Hazelwood School District v Kuhlmeier

Answer 39

educators can control the style and content of student speech in school sponsored expressive activities

Question 40

Veronica School District v Acton

Answer 40

students who voluntarily participate in school athletics have reason to expect intrusions upon normal rights and privileges

Question 41

West Side Community Schools v Mergens

Answer 41

studnets can meet on campus to dicuss religion after school because it is not state sponsorship of religion

Question 42

Grutter v Bollinger (2)

Answer 42

• schools can use affirmative action because student-body diversity is important
• U of M didn’t use a quota system

Question 43

DeShaney v Winnebago County School Services

Answer 43

constitution doesn’t protect kids from their parents