Exam 1 Flashcards
Civil law
Laws written by legislators role for courts
Common law
Judge mad law - derived from English tradition
Stare decisis
To stand on decided cases (judges follow precedent)
Why do courts arise in society
out of the need to settle disputes
Characteristics of the judicial process
- 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
Role of Courts
- resolve disputes
- make policy
- Monitor governmental action
The paradox of judicial review
Made it too powerful
Judicial review might give too much power
What are the four general levels of a state court system?
- Trial Courts of Limited Jurisdiction
- Trial Courts of General Jurisdiction
- Intermediate Appellate Courts
- State high courts
Trial courts of limited jurisdiction
what kind of cases do they hear?
- About 85% of all Courts in the country
- Only hear minor cases
Trial courts of general jurisdiction
- Most states divide into districts or circuits
- Massive caseloads
Intermediate Appellate Courts
what kind of cases do they hear
- Recently many created
- Can be one or multiple courts
- Hear mandatory appeals
- Similar to courts of Appeals at federal level
State high courts
describe, how many nationwide, how many justices
- Last resort
- 52 nationwide
- 5,7, or 9 justices
Illinois Appellate courts
How many districts, what kind of jurisdiction, how many judges on a panel
- 5 districts
- Mandatory jurisdiction
- 3 judge panels hear appeals from Circuit Courts (trial courts)
Illinois Supreme Court have how many justices
7 Justices - elected from each (4) district
Illinois Supreme Court has how long of terms
10 years
After the 10 years for the Illinois Supreme Court Justices what happens?
Retention elections
- check yes or no
- must get at least 60% yes to stay in office
Procedure for appointment of federal judges (8)
- President nominates candidate - one of the most important things they can do because they serve for life
- Nomination is sent to judiciary committee
- All Senators review the judge’s record
- Judiciary committee prepares for a hearing
- Nomination hearing is conducted
- Judicial committee votes
- Whole Senate debates nomination
- Senate votes on nomination
Jurisdiction
Fancy way of saying that each case that needs judicial resolution is assigned to specific courts
Article 3
- 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
The Judiciary Act of 1789
- 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
District Courts
procedures, decision-making
- 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
Circuit court (or court of appeals) (procedures, decision-making)
- 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
United States Judicial System
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
5 methods of selection and retention - Each state supreme court - each does it differently
- Gubernatorial Appointment
- Legislative Selection
- Partisan Elections
- Non-partisan Elections
- Merit Selection/ Missouri Plan
Describe Gubernatorial Appointment
- 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
Describe Legislative Selection
- One house of state legislature nominates and other house confirms
- Used in old states
- Like Gubernatorial
- Serve long terms
- Independent
Describe Partisan elections
- 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
Describe Illinois elections for selection and retention for Supreme Court
- Partisan Election
- D or R
- After 10 year terms they run for retention elections - 60% or more
- Then can serve another 10 years
Non-partisan elections
- No R or D
- Shorter terms
Accountable - less information when voting
Merit selection/ Missouri Plan
- Accountable/independent
- governor selects from the list
- Create independence
- Run in retention elections (accountability)
- Not a contestable election
