Chp10 The American Legal System

Question 1

What does article 3 of the constitution do?

Answer 1

Establish the judicial branch of the government (the Supreme Court). Gives Congress the Authority to establish a system of lower courts. A stab Lish is the method to determining house justices are selected and the length of their time on the court. Outlines the kinds of cases that can be heard by the court.

Question 2

What is the law?

Answer 2

The principles and regulations established by government, applicable to a people enforced by the government.

Question 3

What are the basic types of law?

Answer 3

Common, equity, statutory, constitutional, criminal, civil.

Question 4

Rules created by judges in the course of rendering aid to scission on court cases.

Answer 4

Common law

Question 5

A law that has been formally declared by the legislature, in contrast to judge made law.

Answer 5

Statutory law

Question 6

Results from interpretation and application of a national or state constitution

Answer 6

Constitutional law

Question 7

Defines acts that constitute a violation of the public order & provides punishments for those acts. The government is the plaintiff as the enforcer of criminal law. Classified into Two WAYS -misdemeanors and felonies

Answer 7

Criminal law

Question 8

Develop to resolve disputes between private individuals or corporations. Defines the rights of parties in the dispute.

Answer 8

Civil law

Question 9

The role of the courts

Answer 9

Determines whether or not a plaintiff has standing to initiate a lawsuit. Must demonstrate suffering harm or injury. Examples, financial harm or physical injury.

Question 10

The role of the judge

Answer 10

Presiding officer of the court. Trial court, the judge ensures that the rules of judicial procedure r followed. Arguments and evidence is presented. Provides instruction to the jury regarding the law that applies to the case and discusses possible verdict. Pronounces judgment or a sentence based on the jury’s verdict.

Question 11

The right of a court to hear a particular type of case. This rate is granted by constitution or buy a legislative statute. Is necessary for a court to have the authority to decide a dispute.

Answer 11

Jurisdiction

Question 12

Courts who determine the facts of the case as well as the law that applies to them

Answer 12

Trial courts

Question 13

Courts that review the decisions of lower courts to determine if the application of the rule of law is correct

Answer 13

Appellate courts

Question 14

How are judges appointed to the federal and state Supreme Court’s and what are their terms?

Answer 14

Judges are appointed by the president and confirmed by the U.S. Senate judges serve for life judges are appointed by the governor, followed by a non-partition election process judges serve 12 year terms

Question 15

What is judicial review?

Answer 15

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Question 16

Judges should be willing to exercise its authority to declare unconstitutional actions of the other branches of government and And to establish new rules of public policy.

Answer 16

Judicial activism

Question 17

Judges should exercise great self-control in using the judicial power and defer to the policies of the elected branches

Answer 17

Judicial restraint

Question 18

What is the role of law?

Answer 18

The principles and regulations established by government, applicable to a people, enforced by the government.