government quiz judicial Flashcards

1
Q

judiciary act of 1789

A

the first bill ever introduced into Senate
-5 associate judges for Supreme Court
-3 circuit courts
- 13 federal district courts

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2
Q

constitutional courts

A

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

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3
Q

jurisdiction

A

the right of the court to hear and decide a case

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4
Q

Article III, section 2

A

establishes jurisdiction to:
1) the subject matters pf the case
2) parties involved

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5
Q

Constitutional Courts have Federal jurisdiction when:

A

1) it involves the Constitution
2) involves federal laws and treaties
3) admiralty and maritime matters

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6
Q

American Bar Association

A

a voluntary association of lawyers, judges, and law teachers

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7
Q

11th Amendment (1798)

A

a state cannot be sued in federal court by its own citizens, by citizens of another state, or by a foreign country

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8
Q

criminal case

A

where the government is the prosecutor and seeks to bring legal action against the defendant because they have wronged society

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9
Q

civil case

A

person filing lawsuit feels they have been wronged by the defendent and is seeking to recover something of value

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10
Q

hung jury

A

cannot agree on a verdict

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11
Q

trial

A

official examination of available evidence in a court of law

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12
Q

Article 3, section 2

A

right to trial by jury in federal courts, only exception is in impeachment of a federal official

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13
Q

grand jury

A

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

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14
Q

trial (petit) jury

A

composed of 6-12 jurors from the federal district actually hears the case in court

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15
Q

direct evidence

A

where eyewitnessees will be called to stand

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16
Q

circumstantial evidence

A

conclusions are deducted from facts about the case

17
Q

demonstrative evidence

A

involves evidence using an object (ex. gun with fingerprints)

18
Q

appeal

A

request that a higher court review the case records and verdict of a lower court

19
Q

appelate jurisdiction

A

the right of a court to review the ruling of a lower court

20
Q

supreme court

A

highest court in the U.S.
mandated by Article 3, section 1 of constitution
8 associate judges
1 chief justice

21
Q

appeals process

A

options:
reject- if rejected the lower courts decision still stands
hear the case
decisions:
-uphold the ruling
-overrrule the court
-modify: change a part

22
Q

district court jurisdiction

A

-state laws
-marriage/divorce/adoption
-most civil suits
-personal injuries
-probate (will and estates)
-contracts

23
Q

original jurisdiction

A

federal crimes
civil suits- diversity of citizenship (states) and is over 75,000
supervise bankruptcy and naturalizationre
review federal agencies
admiralty and maritime

24
Q

reason for appealing

A

questions on the application of the law
if the law is unconstitutional
trial process is unfair

25
Q

original jurisdiction

A

court that hears a case for the first time
decides the facts of the case

can appeal if they dislike the outcome of the trial

26
Q

appelate jurisdiction

A

“higher court”
“appeals” court
decides the application of the law
NO new evidence- just a review to see if the law was applied fairly