government quiz judicial Flashcards
judiciary act of 1789
the first bill ever introduced into Senate
-5 associate judges for Supreme Court
-3 circuit courts
- 13 federal district courts
constitutional courts
courts that congress created under Article III
-district courts
-court of appeals
-court of appeals for the federal circuit
-court of international trade
-supreme court
jurisdiction
the right of the court to hear and decide a case
Article III, section 2
establishes jurisdiction to:
1) the subject matters pf the case
2) parties involved
Constitutional Courts have Federal jurisdiction when:
1) it involves the Constitution
2) involves federal laws and treaties
3) admiralty and maritime matters
American Bar Association
a voluntary association of lawyers, judges, and law teachers
11th Amendment (1798)
a state cannot be sued in federal court by its own citizens, by citizens of another state, or by a foreign country
criminal case
where the government is the prosecutor and seeks to bring legal action against the defendant because they have wronged society
civil case
person filing lawsuit feels they have been wronged by the defendent and is seeking to recover something of value
hung jury
cannot agree on a verdict
trial
official examination of available evidence in a court of law
Article 3, section 2
right to trial by jury in federal courts, only exception is in impeachment of a federal official
grand jury
13-23 is assembled to examine the evidence presented by prosecutor to determine whether there is sufficient evidence against the accused to try a case
trial (petit) jury
composed of 6-12 jurors from the federal district actually hears the case in court
direct evidence
where eyewitnessees will be called to stand
circumstantial evidence
conclusions are deducted from facts about the case
demonstrative evidence
involves evidence using an object (ex. gun with fingerprints)
appeal
request that a higher court review the case records and verdict of a lower court
appelate jurisdiction
the right of a court to review the ruling of a lower court
supreme court
highest court in the U.S.
mandated by Article 3, section 1 of constitution
8 associate judges
1 chief justice
appeals process
options:
reject- if rejected the lower courts decision still stands
hear the case
decisions:
-uphold the ruling
-overrrule the court
-modify: change a part
district court jurisdiction
-state laws
-marriage/divorce/adoption
-most civil suits
-personal injuries
-probate (will and estates)
-contracts
original jurisdiction
federal crimes
civil suits- diversity of citizenship (states) and is over 75,000
supervise bankruptcy and naturalizationre
review federal agencies
admiralty and maritime
reason for appealing
questions on the application of the law
if the law is unconstitutional
trial process is unfair
