Chapter 5: The Court System Flashcards
levels of courts (3)
- trial
- appellate
- final appellate
trial court function (3)
- look at facts and decide dispute
- adversarial system
- case decided by jury or judge
appeals court function (5)
- 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
types of opinions (3)
- dissenting
- majority
- concurring
dissenting
when one judge disagrees with the majority
majority
the decision (3-0 or 2-1)
concurring
agrees with the outcome of the majority but for different reasons
decisions within opinions (3)
- uphold
- reverse
- remand
uphold
appeals court agrees with the lower court
reverse
change decision of the lower court
remand
redo at trial level
court of last resort
everything applies from appeals court
federal courts (3)
- district court
- circuit court of appeals
- supreme court
US District Courts (3)
- trial court for federal government
- 94 trial courts total
- 89 trial courts in the states (DC doesn’t count)
district courts not in US (5)
- Puerto Rico
- Virgin Islands
- Guam
- Northern Marina Islands
- DC
PA district courts (3)
- pittsburgh
- scranton
- philadelphia
US Circuit Court of Appeals (2)
- appellate court for the federal gov
* 13 circuit courts
PA Circuit Court (3)
- 3rd
- Philadelphia
- Samuel Alito
DC Circuit Courts (2)
- 12th - DC
* 13th - federal
court of last resort (supreme court) function (4)
- 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
supreme court justices (8)
- chief justice: john roberts
- ruth bader ginsburg
- sonia sotomayor
- stephen breyer
- samuel alito
- elena kagan
- clarence thomas
- anthony kennedy
docket (2)
- schedule of court hearings
* only about 1% of appealed cases are ruled (100/10000)
how cases are chosen (3)
- each justice has about 4 clerks
- clerks go through appeals and bring them to the justices
- rule of 4
rule of 4
• only 4 justices have to want the case
process of getting case to supreme court (3)
- lawyers request in writing why the case should be heard
- lawyers agrue in writing how the case should be decided
- oral agruements
oral arguements
- 3 days a week
* only given 30min
how to become a supremem court justice (2)
- nominated by president
* senate holds confirmation hearing (senate judiciary committee
PA state courts (5)
- district magistrate
- court of common pleas
- superior court
- commonwealth court
- supreme court
district magistrate (4)
- jimmy ellis
- judges elected in odd number years
- 6yr terms
- preliminary hearings
court of common pleas (5)
- 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
superior court (3)
- 15 justices
- justices travel (superior/civil and up)
- appeals on criminal cases, most civil, and those involving children and families
commonwealth court (2)
- cases involving state and local gov agencies
* 9 justices
state supreme court
- highest court in pa
* if appealing death penalty, skip second level and go straight to state supreme
Tinker v Des Moines Independent School District
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
New Jersey v TLO
school did have reasonable suspicion to search her purse
ingraham v wright (2)
- 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
Santa Fe Independent School District v Jane Doe
schools can’t sponor any type of religious activity
Kent v United States (2)
- minors can be tried as adults
* can’t get death penalty
Hazelwood School District v Kuhlmeier
educators can control the style and content of student speech in school sponsored expressive activities
Veronica School District v Acton
students who voluntarily participate in school athletics have reason to expect intrusions upon normal rights and privileges
West Side Community Schools v Mergens
studnets can meet on campus to dicuss religion after school because it is not state sponsorship of religion
Grutter v Bollinger (2)
- schools can use affirmative action because student-body diversity is important
- U of M didn’t use a quota system
DeShaney v Winnebago County School Services
constitution doesn’t protect kids from their parents
