Courts Flashcards
What’s criminal law?
Codes of behavior related to the protection of property & individual safety.
What’s judicial review?
Allows courts to control the president.
What’s civil law?
Codes of behavior related to business & contractional relationships between groups and individuals.
What’s are the four elements in each case?
Plaintiff, defendant, judge & jury.
What’s the difference between a constitutional and legislative court?
Constitutional- federal courts created by the constitution or by congress pursuant to its authority.
Legislative- courts established by congress for a purpose.
What’s a district court?
Another name for trial courts of original jurisdiction. (89 of them)
What’s cases do district courts hear?
•federal government is a party
•fed. question based on a claim under the constitution
•civil suits in which citizens from different states owe more then
75,000
What’s the difference between a district & appeal court?
Appeal courts have no original jurisdiction.
What’s a dual system?
Federal and state courts.
What’s a trial court?
Court of original jurisdiction where cases begin.
What’s a appellate court?
Court that generally reviews only findings of law made by lower courts.
What does the supreme court do?
It reviews cases from us courts of appeals & state supreme courts. It’s also the final interpreter of the constitution.
How many justices and associate justices are there?
9; 8.
How are federal court judges selected?
- Political process
- Nominated by president and confirmed by the us senate
- Philosophical stamp on court system
- From nominating presidents party.
What power does the supreme court have?
Power to carnage earlier decisions.
What’s the rule of 4?
In order for the court to decide a case, 4 justices must agree to do so. Denying a decision may mean any number of things:
•case lacks a fed. issue
•party lacks standing
•court agrees with a lower court
•case is a political hot potato and no one wants to touch case
When does the supreme courts term begin?
On the first Monday in Oct. and continues until end of June.
When do they hear cases?
Mondays- Thursdays.
What does the Supreme Court do before oral arguments?
The justices read the attorneys brief.
What do justices do?
They hear 30 min. oral arguments from each side. Much of that time is spent answering questions.
What do justices do on Fridays?
They have arguments with etiquette.
What do they do in case of tie?
The previous court decision stands, majority rules.
What’s jurisdiction?
Authority vested in a particular court to hear and decide the issues of any case.
What’s original jurisdiction?
The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case.
What’s appellate jurisdiction?
The power vested in particular courts to review &/or revise the decision of a lower court.
What’s overturn?
Guilty to innocent.
What’s sustained?
Stays the same (guilty stays guilty or vice versa)
What’s remand?
Do over
What’s writ of certiorari?
Can choose to hear a case or not.
Where do u overturn, sustain, or remand?
In the appeals court.
