Judicial Branch Flashcards
Original Jurisdiction
Foreign government or state in any party of a case
Appellate Jurisdiction
Incorrect application of law
Judicial Review
Determine whether any law or govt action (state, fed, or local) goes against the Constitution
Due Process
The government must act fairly and in the accordance with the rules.
Jurisdiction
The official power to make legal decisions and judgments
Remand
Send the case back to lower courts to be retired
Civil Rights
Positive acts of govt that seek to make constitutional guarantees
Civil Liberties
Protections against unreasonable and unconstitutional acts of govt
4th Amendment
Protects against unreasonable search and seizure of property
5th Amendment
Prevents against self incrimination (I plead the fifth). Must be informed of charges. Prevents double jeopardy. Guarantees due process of the law. Grand jury decides on evidence for a trial.
6th Amendment
Right to a fair public & speedy trial, Right to trial by jury, Right to call witnesses, Right to legal counsel
7th Amendment
Right to a jury in civil cases
8th Amendment
Protection against excessive bail, and the protection against cruel and unusual punishment.
How is the Supreme Court different than other courts?
It is the highest court with only nine justices and no jury
How are trail courts different from appellate courts?
Trial courts are for convicting criminals in both civil and criminal cases and appellate courts are for cases of appeals.
How are district courts organized?
Territories based on state boundaries
What are the three types of opinions issued by the Supreme Court?
Majority Opinion
Concurring Opinion
Dissenting Opinion
Majority Opinion
announces the court’s decision and explains reasons
Concurring Opinion
May be written to add or emphasize Majority Opinion
Dissenting Opinion
Written to express disagreement with the decision of the court
When does the Supreme Court have original jurisdiction?
Foreign governments or a state is a party of the cases
How do Appellate cases differ from the trial court’s?
Trial Cases
- Hear both civil & criminal cases
- Determine the fact of the cases
- Decide if a person is guilty or innocent
- Only federal courts in which
- Witnesses testify
- Juries hear cases & reach verdicts
Appellate Jurisdiction
- When someone appeals a case the next court has appellate jurisdiction.
- Appellate cases have been appealed and sent to a higher court in which appellate jurisdiction is enacted, while trial courts are the first to see a case and always have original jurisdiction.
Why were the circuit court of appeals created?
- An effort to relieve the caseload burden in the Supreme Court and to handle a dramatic increase in federal filings, Congress, in the Judiciary Act of 1891, established nine courts of appeals, one for each judicial circuit. There are 13 circuits
- Created to alleviate the burden of the supreme court
What are the procedures associated with due process?
- Arrest on probable cost
- Informed of rights (silent & counsel)
- Interrogation / no coerced confession
- Evidence reviewed for trial
- Indictment
- Speedy & public trial
- Informed of verdict
- No excessive fine or cruel / unusual punishment
- Right to an appeal
Checks and Balances associated with the Judicial Branch.
- Check the legislative and executive branch, by justifying if the law is unconstitutional
- The judicial branch interprets laws, but the President nominates Supreme Court justices, court of appeals judges, and district court judges who make the evaluations
- Supreme court can not be fired by the president
Who has the power to create lower courts under the Supreme Court?
Congress
Guess What?
WE DON’T NEED THIS IN REAL LIFE!
