Judicial Branch Flashcards
Judicial Branch
ARTICLE 3 – Very vague! No details!
Judiciary Act of 1789
spelled out how the federal court system would work!
Three Functions (jobs) of the Judicial Branch:
- Interpret the laws
- Settle disputes
- Create expectations for the future (Establish Precedence)
2 separate court systems in the USA
- State courts (50 states)
- Federal/National Courts
Federal Court System: 3 Main levels/courts
Supreme Court
Circuit/Appeals
District
Courts fall into 2 categories:
Constitutional Courts
District Courts – Trial Courts
Court of Appeals
Supreme Court
Special Courts
Armed Services
Veterans
Federal Claims
Tax
*Constitutional courts hear most of the cases on the _____ level! *____ courts mostly
Federal; District
Jurisdiction
the authority of a court to hear a case
Two Major Types of Jurisdiction:
- Original Jurisdiction - The court in which the case is first heard
- Appellate Jurisdiction - The court that hears the cases on appeal
District Courts (94)
have original jurisdiction *(Trial courts) *Hear most of the cases on the federal level
Have petit juries
Circuit Courts (Court of Appeals) (13)
has Appellate Jurisdiction
No juries
3 Judge panels
Can’t refuse to hear a case
Supreme Court (1)
has both types of jurisdiction!
Can refuse to hear a case
Federal Judges are appointed by______ and approved by______
President; the Senate
There are over 600 judges
Term office – lifetime appointments
1 to 3 Judge panels
How much US Marshals? How much per district?
94; 1 per district
Plaintiff
the person who files the charge/suit
Defendant
the person who the complaint is against
How much in a Grand Jury?
What do they do?
(16 to 23) – decides if there is enough evidence to take a case to trial (only need a majority vote)
Petit Jury (12)
decides the guilt or innocence of the accused (must be a unanimous vote)
***There are no juries used in the Circuit courts or the Supreme Court!
*The Judges make all the rulings!
“The Court of Last Resort”
The Supreme Court
Marbury vs. Madison (1803)
Landmark case that gave the Supreme Court the power of Judicial Review: the right to decide if a case is constitutional or unconstitutional
How much judges in the Supreme Court?
9 Judges
When does the Supreme Court hear cases?
October through June
Who is in charge of Supreme Courts:
The Cheif Justice
How much cases appealed to the Supreme Court? How much accepted?
About 8,000/10,000 appealed
About 80/100 accepted - 1%
If a case is denied at the Supreme Court what happens?
Ruling on the lower court stands
Solicitor General
Federal government’s chief lawyer – all cases must get past him/her first – 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?
- Cases that will affect the entire country!
- Cases that involve Constitutional questions?
- Crimes “committed on the high seas” – rare!
Writ of Certiorari
legal order to hear the case
Briefs
written legal arguments presented by each lawyer to the Justices (summary of the case) That they will read before the case
Oral arguments:
Lawyers present their cases
Each lawyer gets exactly 30 minutes to present his/her case
Each case lasts 1 hour
Majority Opinion
gives reasons for their decision – OFFICIAL RULING *(Winning side)
*Decisions do not have to be unanimous!
All decisions are final! They cannot be appealed! – Usually handed out in the spring/summer!
Minority Opinion
(dissenting) gives reasons why they oppose the ruling *(Losing side)
*Decisions do not have to be unanimous!
All decisions are final! They cannot be appealed! – Usually handed out in the spring/summer!
3 Things about State courts
**Most court cases are heard on the State level!!!
**Almost all criminal cases start in state courts!
**Most judges are elected, not appointed as on the State level
***The vast majority of civil cases are settled?
settled out of court on both levels!!!
Levels of courts: top to bottom (8)
- State Supreme Courts: 50
Deal with both original and appellate jurisdiction) Final authority! - State Appeals Courts: 50 – (Deal only w/appellate jurisdiction)
- Circuit Courts (Trial): Every county has one (Equivalent to District courts)! – deal with original jurisdiction in criminal and civil cases) – have juries!
*”workhorse” of the system – see the most cases - Probate courts: Deal with estates, wills, etc.
- Juvenile courts: Deal with under age criminals
- Family courts: Deals with custody, abuse, child support
Divorce Courts - Small claims courts: Deal with minor lawsuits (less than $10,000)
- Traffic Courts: Deal with traffic violations
The only state courts that have juries are
circuit courts!
The rest of the courts are ruled by the judge’s decisions!
