judicial branch Flashcards

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1
Q

What article created the national judiciary?

A

Article lll

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2
Q

What are the two court systems?

A

1) The national judiciary that spans the country (120 courts)
2) Courts run by each of the 50 states (where most cases are heard)

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3
Q

The Constitution created only the…

A

Supreme Court, giving Congress the power to create any lower courts

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4
Q

Define jurisdiction

A

Authority of a court to hear a case

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5
Q

Constitution states that federal courts may hear a case because either:

A

1) the subject matter is interpretation of the Constitution
2) The parties involved are U.S. agencies, officers, ambassadors

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6
Q

Define exclusive jurisdiction

A

Cases that can only be heard in federal courts

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7
Q

Define concurrent jurisdiction

A

Cases that may be tried in a federal court or state court

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8
Q

Define original jurisdiction

A

A court in which a case is first heard

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9
Q

Define appellate jurisdiction

A

A court that hears a case on appeal from a lower court

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10
Q

Supreme Court exercises…

A

Both original and appellate jurisdiction

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11
Q

How many federal judicial districts are there?

A

94, 1 in each state

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12
Q

The district courts hear a wide range of…

A

Criminal and civil cases

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13
Q

How many circuit judges are there in appeals courts?

A

179 circuit judges in 12 appeals courts, 1 supreme court justice in each circuit

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14
Q

Define judicial review

A

The power of a court to determine the constitutionality of a government action

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15
Q

Which court case did the Supreme Court first assert its power of judicial review?

A

Marbury v. Madison

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16
Q

The Supreme Court has…

A

Both original and appellate jurisdiction

17
Q

The Supreme Court has original jurisdiction over cases involving…

A

Two or more states and all cases brought against ambassadors or other public ministers

18
Q

Most cases heard by the Supreme Court are…

A

Appeals cases; court only hears one or two cases in which it has original jurisdiction per year

19
Q

Define writ of certiorari

A

Order to lower court to send a record in a given case for its review

20
Q

Define certificate

A

Lower court asks for the Supreme Court to certify the answer to a specific question in the matter to certify its ruling

21
Q

List the steps to appealing a case to the Supreme Court

A

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

22
Q

What is a jury trial?

A

A group of twelve people listens to evidence and decided who wins the case

23
Q

What is a bench trial?

A

Trial with no jury

24
Q

Group of more than one judge

A

Panel

25
Q

Define concurring opinion

A

Opinion of justices who agree with majority opinion but not the legal reasoning behind the decision

26
Q

Define dissenting opinion

A

Aka minority opinion of one or more justices who disagree with majority opinion

27
Q

Define majority opinion

A

Legally binding decision that commands the vote