Chapter 7 Flashcards
what does the us court system use?
uses “adversarial system”
what is the purpose of the us court system?
mechanism of conflict resolution / to find justice
what is the adversarial system?
“truth” will best come to light in competing arguments
what does the us court system do?
settles questions of constitutionality, civil disputes, or criminal accusations
federal vs. state jurisdiction – if federal law / constitution
case tried in federal court
federal vs. state jurisdiction – if state law / constitution
case tried in state court
judicial review
the power of the courts to determine the constitutionality of the actions of the legislative and executive branches of government
how are judges and justices appointed in the federal court system?
all judges and justices are nominated and appointed by president and confirmed by the senate
what are the judges and justices subjected to in the federal court system?
subjected to impeachment - serve during period of good behavior
pay may not be decreased during their term
what does the us supreme court consist of?
9 justices; 6 justices are considered quorum; 5 votes needed to win a case
what does the appellate process do?
determines if an error has occured
what are the two types of errors in the appellate process?
prejudicial error: would have affected the outcome of the case
harmless error: would not have affected the outcome of the case
what happens in the appellate process if the error is prejudicial?
if prejudicial error, sent back to trial court for action consistent with opinion of the appellate court
what is the principal of stare decisis? (judicial precedent)
to abide by decisions in previous cases
