Federal Judicary

Question 1

Bench Trial

Answer 1

a trial without a jury

Question 2

Jurisdiction

Answer 2

the right, power, authority of a court to hear and decide a case

Question 3

Original jurisdiction

Answer 3

trial courts does 3 things in order;

1. hears evidence
2. determines facts
3. applies the law

Question 4

Appellate jurisdiction

Answer 4

reviewing a case that has already been tried to make sure no mistakes in law

Question 5

Venue (under original jurisdiction)

Answer 5

make sure the case is being brought to the right court

Question 6

Change of venue

Answer 6

wants moved to a different location, wants a jury trial but due to pre trial publicity it would be hard to find un unbiased jury
-Could also change for inconvenience

Question 7

Trial in a civil case

Answer 7

Plaintiff v. Defendant

Question 8

Trial in a criminal case

Answer 8

State v. Defendant

Question 9

Equity

Answer 9

Petitioner v. Respondent

Plaintiff v. Defendant

Question 10

Appealed

Answer 10

Appellant v. Appellee

• has to take all appeals
• appellant believe there is a mistake in law
• can only have one appeal per case

Question 11

Petition

Answer 11

Petitioner v. Respondent

• after appeal turns into petition
• petition does not have to be accepted

Question 12

Dual court system

Answer 12

each level of court has its own court system

Question 13

3 broad areas that have jurisdiction;

1. Federal Question

Answer 13

national government sources of law raises a federal question ex: statutes

Question 14

3 broad areas that have jurisdiction;

2. Federal party

Answer 14

anytime the national government is a party in a case then Federal courts has jurisdiction

Question 15

3 broad areas that have jurisdiction;

3. Diversity

Answer 15

civil cases of at least $75,000 where the citizens are from different states/country

Question 16

Three judge district court

Answer 16

-in 4 areas is allowed
-3 judges, no jury
-decision is the majority
-MUST HAVE: 1 U.S. district court judge
1 court of appeals judge
the last could be either
(can never be a U.S Magistrate judge)

Question 17

4 areas

Answer 17

1. reapportionment (redrawing of legislative election district)
2. certain civil right cases
3. federal election campaign finance act
4. certain anti trust cases

Question 18

Disadvantage of 3 judge district court

Answer 18

3 judges doing the job of one judge

Question 19

Advantage of 3 judge district court

Answer 19

if there is an appeal it goes straight to the U.S supreme court

Question 20

Military Justice

Answer 20

U.S. Court of Appeals for the armed service (as high as can go) under specialized federal court

Question 21

Federal taxes

Answer 21

U.S. Tax court (original jurisdiction)

Question 22

Claims against federal government

Answer 22

U.S. court of federal claims(original jurisdiction for contract disputes between U.S. gov and some businesses)

Question 23

International trade and customs

Answer 23

U.S. court of international trade

Question 24

U.S. court of appeals for the federal circuit

Answer 24

appellate jurisdiction is limited/ specific

1. U.S. court of Federal claims
2. U.S. court of internatioinal trade
3. Patent
4. Trade marks
5. Copy rights

Question 25

Difference between constitutional v. legislative 1:

Answer 25

• CONSTITUTIONAL: district courts, 12 federal court of appeals, the supreme court has broad general jurisdiction
• LEGISLATIVE: specialized courts, narrow and specific jurisdiction

Question 26

Difference between constitutional v. legislative 2:

Answer 26

CONSTITUTIONAL: Judges on Article 3 hold their office during good behavior-life term, congress cannot reduce salaries
-LEGISLATIVE: judges serving Article 1 legislative there is a specific term, congress can reduce salary

Question 27

Difference between constitutional v. legislative 3:

Answer 27

• CONSTITUTIONAL: judges on Article 3 only have judicial power & duties
• LEGISLATIVE: Article 1 has judicial powers and legislative powers, administrative powers because under congress law making power

Question 28

Difference between constitutional v. legislative 4:

Answer 28

Article 1; DEPENDENT of congress

Article 3: INDEPENDENT of congress

Question 29

Trial courts

Answer 29

primarily focus on norm enforcement ad a little on policy making

Question 30

norm

Answer 30

principle binding upon members of a group such as society which serves to guide, control, or regulate proper and acceptable behavior

Question 31

norm enforcement

Answer 31

upholding what has been deemed the norm

-creation of a new norm is policy making

Question 32

Appellate Courts

Answer 32

primarily focus on policy making and a little on norm enforcement

Question 33

U.S. court of appeals

Answer 33

• 12 divided up by geography
• at least 3 states per numbered court of appeals
• Maryland= 4th circuit, includes VA, WV, NC, & SC
• D.C. circuit has its own because the national gov. is located there

Question 34

Three judge panels

Answer 34

multiple can running at a time

En Banc= all panels running at the same time

Question 35

U.S. Supreme court

Answer 35

only court created in the constitution-article 3

• original and appellate jurisdiction
• 11th amendment altered jurisdiction- state v. state
• congress determines supreme court appellate jurisdiction
• SPECIAL MASTER: usually a retired federal judge gathers info from each state and makes recommendation as to what supreme court should do

Question 36

Rule of 4

Answer 36

takes 4 justices to take a case

• 4% of cases are historically accepted
• presently only 1% accepted

Question 37

writ of Certiorari

Answer 37

court order to whatever court last had the case to send up recored= occurs in petition cases
-in any appellate court nothing changes on a tie vote= last decision is upheld
-congress by statute determines the number of justices on the supreme court 9
(9 on court since 1869)