Chapter 8 Flashcards

1
Q

What is created by article III of the constitution?

A

The judicial branch.

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2
Q

What act of congress established the structure of the federal court system?

A

Judiciary act of 1789.

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3
Q

Courts exercise “The judicial power of the united states.”

A

Constitutional courts.

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4
Q

How long do constitutional judges serve for?

A

For life, under “good behavior”

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5
Q

The right of a court to hear and decide a case.

A

Jurisdiction

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6
Q

How long do legislative judges serve?

A

10-15 years

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7
Q

What type of cases fall under the jurisdiction of the constitutional courts?

A

The constitution, federal laws and treaties, or admiralty and maritime matters.

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8
Q

What Amendment prevents a citizen of one state from suing another?

A

11th Amendment.

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9
Q

Courts that handle appeals from specific cases arising from powers of congress.

A

Legislative court.

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10
Q

What is a civil case?

A

a case where the plaintiff feels he has been wronged by the defendant.

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11
Q

What is a criminal case?

A

The government serves as the plaintive and seeks to bring some legal action against the defendant because he has wronged society by his behavior.

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12
Q

An official examination of available evidence in a court of law.

A

Trial

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13
Q

Where do most federal cases “originate”?

A

U.S District Court.

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14
Q

What do grand juries determine?

A

They determine whether there is sufficient evidence against the accused to try a case.

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15
Q

Enough sufficient evidence to warrant a trial, it will issue a formal accusation against the accused called _____.

A

An indictment.

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16
Q

Insufficient evidence for a formal accusation, it may be handed down as _____.

A

An acquittal

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17
Q

Material presented as proof at a trial.

A

Trial evidence

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18
Q

A jury that cannot agree on a verdict is called a ______.

A

Hung jury

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19
Q

“Standards attorneys must follow in governing the admission of evidence into the court proceedings.”

A

Rules of Evidence

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20
Q

“Evidence obtained illegally is not admissible in the court of law.”

A

Exclusionary Rule

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21
Q

A request that a higher court review the case records and verdict of the lower court.

A

An appeal

22
Q

What courts handle the appeals from federal district courts?

A

United States Courts of Appeals

23
Q

What does an appeals court determine in reviewing the case of a lower court?

A

Determines whether the lower court followed the law while trying the case.

24
Q

Evidence given by someone who actually witnessed the crime.

A

Direct Evidence

25
Q

Conclusions are deduced from facts about the case.

A

Circumstantial evidence

26
Q

Involves objects that relate to the case, like a gun with fingerprints on it.

A

Demonstrative evidence

27
Q

The right of a court to review the ruling of a lower court.

A

Appellate jurisdiction

28
Q

A lawyers written argument to a panel of three judges.

A

Brief

29
Q

Past decisions involving similar cases.

A

precedents

30
Q

How many justices currently serve on the Supreme Court?

A

Eight

31
Q

The highest tribunal of the U.S

A

Supreme Court

32
Q

What does the Supreme Court possess?

A

Both original and appellate jurisdiction

33
Q

When was the supreme court building completed?

A

1935

34
Q

What is the replacement cost of the Supreme court building?

A

Estimated $125m

35
Q

Under Article III, The Supreme Court is granted jurisdiction over what cases?

A

Cases involving ambassadors, and cases involving state.

36
Q

The right of the Court to declare a law, or action based upon that law, unconstitutional

A

Judicial review

37
Q

Chief Justice that helped establish the Court’s power of judicial review in Marbury vs. Madison

A

John Marshal

38
Q

A court order compelling a person to obey

A

Writ of mandamus

39
Q

One who appeals a case

A

Appellant

40
Q

The power to decide whether the Court will hear a case or not is called ______.

A

Discretionary review

41
Q

One who petitions a court to review the decision from a lower court is called a _____.

A

Petitioner

42
Q

When does the supreme court sit in session?

A

From the 1st monday in October, until the end of june

43
Q

filed by individuals who are not parties in the case but still have an interest in the case’s outcome.

A

Amicus curiae

44
Q

Who traditionally begins the review of the case in conference?

A

Chief Justice

45
Q

How are the duties of the Court’s term divided?

A

Divided between the hearing of cases and the intervening recesses for consideration of the business before the Court.

46
Q

What are 4 types of judicial opinions that may be given on a case

A

Unanimous, Majority, Concurring, and Dissenting

47
Q

Any member of the court can reverse his position any time before _____.

A

Opinion day

48
Q

What judicial philosophy did the Supreme Court adopt under Chief Justice Earl Warren

A

Judicial activism

49
Q

The philosophy that the Supreme Court has been interpreted and apply the constitution as it stands written.

A

Judicial restraint

50
Q

What case illustrated the radical activism of the Burger Court

A

Roe vs. Wade