judicial branch Flashcards
What article created the national judiciary?
Article lll
What are the two court systems?
1) The national judiciary that spans the country (120 courts)
2) Courts run by each of the 50 states (where most cases are heard)
The Constitution created only the…
Supreme Court, giving Congress the power to create any lower courts
Define jurisdiction
Authority of a court to hear a case
Constitution states that federal courts may hear a case because either:
1) the subject matter is interpretation of the Constitution
2) The parties involved are U.S. agencies, officers, ambassadors
Define exclusive jurisdiction
Cases that can only be heard in federal courts
Define concurrent jurisdiction
Cases that may be tried in a federal court or state court
Define original jurisdiction
A court in which a case is first heard
Define appellate jurisdiction
A court that hears a case on appeal from a lower court
Supreme Court exercises…
Both original and appellate jurisdiction
How many federal judicial districts are there?
94, 1 in each state
The district courts hear a wide range of…
Criminal and civil cases
How many circuit judges are there in appeals courts?
179 circuit judges in 12 appeals courts, 1 supreme court justice in each circuit
Define judicial review
The power of a court to determine the constitutionality of a government action
Which court case did the Supreme Court first assert its power of judicial review?
Marbury v. Madison
The Supreme Court has…
Both original and appellate jurisdiction
The Supreme Court has original jurisdiction over cases involving…
Two or more states and all cases brought against ambassadors or other public ministers
Most cases heard by the Supreme Court are…
Appeals cases; court only hears one or two cases in which it has original jurisdiction per year
Define writ of certiorari
Order to lower court to send a record in a given case for its review
Define certificate
Lower court asks for the Supreme Court to certify the answer to a specific question in the matter to certify its ruling
List the steps to appealing a case to the Supreme Court
1) Case is filed in a federal district court
2) Case is appealed to federal court of appeals
3) Case is appealed to Supreme Court
- allows lower-court ruling to stand
- sends case back to lower-court
- agrees to hear case
4) Supreme Court rules on the case
What is a jury trial?
A group of twelve people listens to evidence and decided who wins the case
What is a bench trial?
Trial with no jury
Group of more than one judge
Panel
Define concurring opinion
Opinion of justices who agree with majority opinion but not the legal reasoning behind the decision
Define dissenting opinion
Aka minority opinion of one or more justices who disagree with majority opinion
Define majority opinion
Legally binding decision that commands the vote
