Court Structures Flashcards
Legislative Branch
Creates or enacts the law. Federal = congress, state = state legislature.
Executive Branch
Enforces or executes the law. Federal = President, state = Governor.
Judicial Branch
Interprets the law. Includes state and federal court systems.
Trial Courts
Trial level courts, with a single judge, are where legal action is initiated, and facts and evidence are presented. In most cases, either party can demand a trial by jury, where permitted by law. Or the judge may decide the case without a jury.
Appellate Courts
Appellate level courts review trial court decisions by reviewing the record to determine whether the trial court erred. They have several judges and only deal with questions of law, not of fact.
U.S. District Court
Trial courts where federal actions commence. Every state has at least one, and many states are broken into multiple districts.
U.S. Court of Appeals
The federal appellate court is broken into federal circuits called the Circuit Court of Appeals. A circuit court is responsible for appeals from district courts.
U.S. Supreme Court
The country’s highest court. Compromised of nine justices nominated by the President and confirmed by the U.S. senate.
State Courts
Part of the judicial branch of the relevant state. Have both trial and appellate levels.
Stare Decisis
To stand by previous court decisions. Precedence.
Administrative Hearings
Where administrative agencies settle disputes, such as tax disputes, Social Security matters, and immigration.