Exam 1

Question 1

Civil law

Answer 1

Laws written by legislators role for courts

Question 2

Common law

Answer 2

Judge mad law - derived from English tradition

Question 3

Stare decisis

Answer 3

To stand on decided cases (judges follow precedent)

Question 4

Why do courts arise in society

Answer 4

out of the need to settle disputes

Question 5

Characteristics of the judicial process

Answer 5

• Specific legal right must be violated
• Person must seek a specific remedy
• Evidence is presented by both sides
  Proceedings are adversarial - 2 sides two different outcomes
• May use the courts as remedy only under specific circumstances (each court is designed for specific cases)
• Decision of the court only binds the parties of the case

Question 6

Role of Courts

Answer 6

• resolve disputes
• make policy
• Monitor governmental action

Question 7

The paradox of judicial review

Answer 7

Made it too powerful

Judicial review might give too much power

Question 8

What are the four general levels of a state court system?

Answer 8

1. Trial Courts of Limited Jurisdiction
2. Trial Courts of General Jurisdiction
3. Intermediate Appellate Courts
4. State high courts

Question 9

Trial courts of limited jurisdiction

what kind of cases do they hear?

Answer 9

• About 85% of all Courts in the country

- Only hear minor cases

Question 10

Trial courts of general jurisdiction

Answer 10

• Most states divide into districts or circuits

- Massive caseloads

Question 11

Intermediate Appellate Courts

what kind of cases do they hear

Answer 11

• Recently many created
• Can be one or multiple courts
• Hear mandatory appeals
• Similar to courts of Appeals at federal level

Question 12

State high courts

describe, how many nationwide, how many justices

Answer 12

• Last resort
• 52 nationwide
• 5,7, or 9 justices

Question 13

Illinois Appellate courts

How many districts, what kind of jurisdiction, how many judges on a panel

Answer 13

• 5 districts
• Mandatory jurisdiction
• 3 judge panels hear appeals from Circuit Courts (trial courts)

Question 14

Illinois Supreme Court have how many justices

Answer 14

7 Justices - elected from each (4) district

Question 15

Illinois Supreme Court has how long of terms

Answer 15

10 years

Question 16

After the 10 years for the Illinois Supreme Court Justices what happens?

Answer 16

Retention elections

• check yes or no
• must get at least 60% yes to stay in office

Question 17

Procedure for appointment of federal judges (8)

Answer 17

1. President nominates candidate - one of the most important things they can do because they serve for life
2. Nomination is sent to judiciary committee
3. All Senators review the judge’s record
4. Judiciary committee prepares for a hearing
5. Nomination hearing is conducted
6. Judicial committee votes
7. Whole Senate debates nomination
8. Senate votes on nomination

Question 18

Jurisdiction

Answer 18

Fancy way of saying that each case that needs judicial resolution is assigned to specific courts

Question 19

Article 3

Answer 19

• Only the Supreme Court is created in the Constitution
• Congress created all other federal courts
• Very short - which shows how little thought was put in from the Founders

Question 20

The Judiciary Act of 1789

Answer 20

• Established lower court system
• Specifies jurisdictions of each court
• Federal Court system was not widely used during this time because each state had very well developed state court system

Question 21

District Courts

procedures, decision-making

Answer 21

• Procedures: Judges preside over civil and criminal trials, much of the work takes place out of the court room
• Decision-making: Rule on various motions, set bail, decide on evidence etc, sentencing guidelines

Question 22

Circuit court (or court of appeals)
(procedures, decision-making)

Answer 22

• Procedures: Opinion writing, En Banc (can be requested by any judge in the circuit or any party in the case)
• Decision-making: Appeals courts have increased opportunity to make policy, With no SC precedent, can make policy, looking toward SC

Question 23

United States Judicial System

Answer 23

Federal courts:
Federal District courts –> Federal courts of appeals –> U.S. Supreme Court

State Courts:
State Courts of Limited Jurisdiction –> State trial courts general jurisdiction –> State intermediate appellate courts –> 52 State Supreme Courts –> U.S. Supreme Court

Question 24

5 methods of selection and retention - Each state supreme court - each does it differently

Answer 24

1. Gubernatorial Appointment
2. Legislative Selection
3. Partisan Elections
4. Non-partisan Elections
5. Merit Selection/ Missouri Plan

Question 25

Describe Gubernatorial Appointment

Answer 25

• Governor appoints justices to state supreme court
• Confirmed by the state Senate
• Most like how it is on the federal level
• Independent system
• Generally serve long terms or life

Question 26

Describe Legislative Selection

Answer 26

• One house of state legislature nominates and other house confirms
• Used in old states
• Like Gubernatorial
• Serve long terms
• Independent

Question 27

Describe Partisan elections

Answer 27

• Run as R or D
• Partisan label
• Party can be involved in election
• The most accountable system
• Benefit of providing a lot of information
• Accountable
• Short terms

Question 28

Describe Illinois elections for selection and retention for Supreme Court

Answer 28

• Partisan Election
• D or R
• After 10 year terms they run for retention elections - 60% or more
• Then can serve another 10 years

Question 29

Non-partisan elections

Answer 29

• No R or D
• Shorter terms
  Accountable
• less information when voting

Question 30

Merit selection/ Missouri Plan

Answer 30

• Accountable/independent
• governor selects from the list
• Create independence
• Run in retention elections (accountability)
• Not a contestable election