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Government > Chapter 7 > Flashcards

Chapter 7 Flashcards

0
Q

Goal of the judicial branch

A

Equal justice for all

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1
Q

Purpose of the judicial branch

A

To interpret the law and settle disputes

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2
Q

Dual Court System is composed of

A
  1. Federal Courts

2. State Courts

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3
Q

Types of Federal Courts

A
  1. Constitutional

2. Special Courts

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4
Q

Types of Constitutional courts

A
  1. Supreme Court
  2. Courts of Appeal
  3. District Courts
  4. Court of International Trade
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5
Q

Types of Special Courts

A
  1. Court of Military Appeals
  2. Court of Veteran Appeals
  3. Claims Courts
  4. Territorial Courts
  5. Tax Courts
  6. Courts of the District of Columbia (D.C.)
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6
Q

Jurisdiction

A

The authority of a court to hear and decide a case

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7
Q

What determines federal jurisdiction

A
  1. Subject matter

2. Parties Involved

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8
Q

Exclusive Jurisdiction

A

The case can only be heard in federal court

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9
Q

———-Examples of Federal Jurisdiction

A
  1. Admiralty or Maritime Law
  2. Government involved in any way
  3. If it involves foreign diplomats
  4. If one state sues another state
  5. If a state sues a foreign country
  6. If an individual from on state sues individual from another state
  7. If an individual sues a foreign country
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10
Q

Concurrent Jurisdiction

A

The case can be heard in both federal and state

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11
Q

Original Jurisdiction

A

The court where the case is first heard

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12
Q

Appellate Jurisdiction

A

The court that hears the case on appeal from a lower court

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13
Q

What are the qualifications for Federal Judges (according to the Constitution)

A

There are none

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14
Q

How can you become a Federal Judge

A

Must be appointed by the President and confirmed by the Senate

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15
Q

Federal Judges

A
  1. Lifetime term
  2. Can be impeached and removed
  3. Congress sets their salary
  4. Salary can never be decreased
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16
Q

Types of law

A
  1. Common law
  2. Criminal law
  3. Civil law
  4. Public law
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17
Q

Criminal Law

A

Cases arising out of actions that violate laws protecting the health, safety, and morals of the community
- Government is always the plaintiff

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18
Q

Common Law

A

Law derived from the application of previous case decisions to present cases

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19
Q

Plaintiff

A

The party bringing the charges

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20
Q

Civil Law

A

Involved disputes between citizens or between the government and citizens where no crime is alleged

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21
Q

Contract Cases

A

Disputes that arise over voluntary actions

Example: Divorce

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22
Q

Tort cases

A

Disputes that arise out of obligations inherent to social life
- Includes slander

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23
Q

Public law

A

Cases where the powers of government or the rights of citizens are involved

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24
Q

Inferior Courts (constitutional courts)

A
  1. District Courts
  2. Courts of Appeal
  3. Court of Appeals for the Federal Circuit
  4. Court of International Trade
25
Q

Constitutional Law

A

Judicial review, review of the constitution

26
Q

Administrative Law

A

Involves disputes over the statutory authority, jurisdiction, and procedures of administrative agencies

27
Q

District Courts

A
  1. Created by the Judiciary Act of 1789
  2. Hear both criminal and civil cases
  3. One judge
  4. Has a jury
28
Q

Courts of Appeal

A
  1. Established in 1891
  2. There are 12 courts of appeal
  3. Hear cases on appeal from the lower courts
  4. Panel of judges
  5. No jury
29
Q

Court of Appeals for the Federal Circuit

A
  1. Created in 1982

2. Does the same thing as Court of Appeals except they have nationwide jurisdiction

30
Q

Court of International Trade

A

Handle cases that deal with tariffs and trade laws

31
Q

Supreme Court

A

Highest court in the country

32
Q

Supreme Court is composed of

A

1 Chief justice, 8 associate justices

always have 1 chief justice, associate justices are set by congress

33
Q

Judicial Review

A

The right of the court to determine the constitutionality of law

34
Q

How are the justices appointed?

A

They are appointed by the President and confirmed by the Senate

35
Q

What do the justices do

A
  1. Hear cases on appeal

2. Judicial review

36
Q

Maddison vs Maurberry

A

Establishes the principal of Judicial Review

37
Q

What kind of Jurisdiction does the Supreme Court have

A

Appellate

38
Q

How does the case reach the Supreme Court

A

Through the:

  1. Writ of Appeal
  2. Writ of Certiorari
  3. Certificate
39
Q

Certificate

A

The lower court will ask the Supreme Court to answer a specific legal question

40
Q

When does the Supreme Court open and close

A

First week of October through the first week of July

41
Q

Solicitor General

A

The attorney (lawyer) that represents the US government before the Supreme Court

42
Q

What is the process of a court case hearing

A
  1. Lawyers file a brief with the court
  2. Oral argument
  3. Conference
  4. Opinion
43
Q

Oral argument

A

Sides present their cases

44
Q

Conference

A

Judges discuss the case

45
Q

Opinions

A
  1. Majority Opinion
  2. Concurring Opinion
  3. Dissenting Opinion
46
Q

Majority Opinion

A

The majority rules

47
Q

Concurring Opinion

A

Agrees with the majority but, it will emphasize a point that was not made in the opinion

48
Q

Dissenting Opinion

A

Does not agree with the majority

49
Q

Supreme Court members serve

A

For life

50
Q

First female Supreme Court member

A

Sarah Day O’Conner

51
Q

First black Supreme Court member

A

Thurgood Marshall

52
Q

Second black Supreme Court member

A

Clarence Thomas

53
Q

Supreme Court Chief Justices

A
  1. John Jay
  2. John Rutledge
  3. Oliver Ellsworth
  4. John Marshall
  5. Roger Taney
  6. Salmon P. Chase
  7. Morison Waite
  8. Melville Fuller
  9. Edward White
  10. William Taft
  11. Charles Evans Hughes
  12. Harlan Stone
  13. Fred Vinson
  14. Earl Warren
  15. Warren Burger
  16. William Rehnquist
  17. John Roberts
54
Q

Special Courts

A
  1. Federal Claims Court
  2. Territorial Courts
  3. Courts of the District of Columbia
  4. Court of Appeals for the Armed Forces
  5. Court of Veterans Appeals
  6. United States Tax Courts
55
Q

Federal Claims Court

A

They hear claims for damages against the US Government

56
Q

Territorial Courts

A

Local courts of the territories

57
Q

Courts of the District of Columbia

A

Local courts in Washington, D.C.

58
Q

Court of the Appeals for the Armed Forces

A

Civilian judges

For people who are in the armed forces that commit a crime

59
Q

Court of Veterans Appeals

A

They hear cases involving veterans benefits

60
Q

United States Tax Court

A

They hear cases involving disputes over the tax laws

62
Q

Special Courts serve based on

A

Terms

Government (13 decks)

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