Judicial Branch Flashcards
Where in the US Constitution is the Judicial Branch found
Article 3
The Functions of the Judicial Branch: (3)
- Interpret the laws
- Settle disputes
- Create expectations for the future (Establish Precedence)
2 separate court systems in the USA:
- State Courts
- Federal/National courts
Judiciary Act of 1789:
spelled out how the federal court system would work
Federal Court System: 3 main levels/courts
- District
- Circuit
- Supreme Court
Federal Court System Fall into 2 categories:
- Constitutional Courts
- Special Courts
Constitutional Courts (includes 3)
- District courts - trial courts
- Court of appeals
- Supreme Court
Special Courts (includes 4)
- Armed Services
- Veterans
- Federal Claims
- Tax
hear most of the cases on the federal level
Constitutional Courts – mostly district courts
Jurisdiction
The authority of a court to hear a case
Two major types of jurisdiction:
- Original Jurisdiction
- Appellate Jurisdiction
Original Jurisdiction
The court in which the case is first heard
Appellate Jurisdiction
The court that hears cases on appeal
3 major types of Federal Courts:
- District Courts
- Circuit Courts
- Supreme Court
How many district courts are there
94
what kind of jurisdiction do district courts have?
Original
what kind of courts hear the most cases on the federal level?
District Courts
Which type of federal court has juries
District Courts (trial courts)
What kind of jurisdiction do Circuit Courts have?
Appellate Jurisdiction
3 characteristics of Circuit Courts:
- No juries
- 3 judge panels
- Can refuse to hear a case
what kind of jurisdiction does the Supreme court have?
both (original and appellate)
How are Federal Judges hired? (2 steps)
Appointed by the president and approved by the Senate
What is the term of office of a Federal Judge?
Lifetime appointments
Police force of the court system
US Marshalls
How many Us Marshalls are there
94 - one per district court
Federal courts hear what kind of cases?
Both criminal and civil cases
Plaintiff
the person who files the charge/suit
Defendent
the person who the complaint is against
Grand Jury
(16-23) decides if there is enough evidence to take a case to trial (Only need a majority vote)
Petite Jury
(12) = decides the guilt or innocence of the accused (must be a unanimous vote)
What happens if a vote isn’t unanimous among a petite jury?
if not unanimous then “hung jury”
There are no juries used in the
circuit courts or supreme court
who makes the rulings in circuit courts and the supreme court?
The judges make all the rulings
Supreme court nickname
“The court of last resort”
Marbury vs. Madison
landmark cases that gave the Supreme Court the power of Judicial Review
Judicial Review
the right to decide if a case is constitutional or unconstitutional
How many judges in the Supreme Court?
9
When does the Supreme Court hear cases?
October - June
Who is in charge of the Supreme Court?
Chief Justice
How many cases are appealed to the Supreme Court each year?
About 8000-10000 cases are appealed to them per year
How many cases does the Supreme Court accept each year?
they only accept about 80-100 cases – 1%
What happens when the Supreme Court declines a case?
The ruling from the lower court stands
Solicitor General
Federal Government’s chief lawyer
How does the Supreme Court decide which cases to accept?
all cases must get past the Solicitor General – screens them
“Rule of Four”
if 4 out of 9 justices agree to hear the case
What type of cases does the Supreme Court hear? (3)
- Cases that will affect the entire country
- Cases that involves Constitutional Questions
- Crimes “committed on the high seas” – Rare!
What does a case receive if it is heard by the Supreme Court?
A writ of certiorari
what is a writ of certiorari?
legal order to hear the case
Briefs
written legal arguments presented by each lawyer to the Justices (summary of the case)
When are briefs presented?
they present these before the case
Oral arguments
lawyers present their cases to the Supreme Cout
How long do lawyers get to present their case to the Supreme Court?
Each lawyer gets exactly 30 minutes to present their case
How long do supreme courts last?
Exactly 1 hour
gives reasons for their decisions – official ruling (winning side)
Majority Opinion
Minority Opinion
(dissenting) gives reasons why they oppose the ruling (losing side)
Do Supreme Court decisions have to be unanimous?
no
what level of courts are most court cases heard?
State level
where are criminal cases almost all heard?
state level courts
How are judges on the state level mostly hired?
Most are elected, not appointed
Levels of State Courts from highest level to lowest level: (9)
State Supreme Court: 50
State Appeals Courts
Circuit Courts (trial)
Probate courts:
Juvenile courts:
Family courts:
Divorce courts
Small claim courts:
Traffic courts
State Supreme Court
deal both with original and appellate jurisdiction Final authority!
State Appeals Courts
Deal only w/ appellate jurisdiction
Circuit Courts
every county has one (equivalent to district courts) – Deal with original jurisdiction in criminal and civil cases – have juries
Workhorse of the court system:
Circuit Courts
Probate Courts
Deal with estates, wills, etc.
Juvenile Courts
Deal with under age criminals
Family Courts
Deal with custody, abuse, child support, etc.
Small Claim Courts
Deal with minor lawsuits (less than 10,000 dollars)
Traffic Courts
Deal with traffic violations
The only state courts that have juries
Circuit Courts
in Every state court except circuit courts, rulings are made by
judges
