Judicial Branch Flashcards

1
Q

What are the roots of the American legal system?

A
  1. Code of Hammurabi
  2. The Justinian Code
  3. Canon Law
  4. Common Law
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2
Q

What was the Code of Hammurabi?

A

One of the FIRST formal legal codes,

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3
Q

Who established the Code of Hammurabi and when?

A

It was established by Hammurabi (ruler of the first dynasty of Babylon) around 1750 BCE
around 1750 BCE

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4
Q

What was The Justinian Code?

A

It was written for the Roman emperor Justinian in the 500s CE.

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5
Q

What is the Justinian law considered?

A

It is considered the forbearer ( ancestor) of western law.

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6
Q

What is the Canon Law?

A

It was created by the Catholic Church. It governed church officials and church members and was the highest binding law.

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7
Q

What was the Canon Law based on?

A

It was based on the Ten Commandments and interpretations of legal codes found in the Bible.

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8
Q

When was the Canon law created?

A

In the 1000s CE.

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9
Q

What is the Common Law?

A

Common law (also known as case law or precedent) is law developed by judges, courts, and similar tribunals, stated in decisions. It’s still used in the United Kingdom.

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10
Q

What is the role of judges in Common law?

A

Courts and judges make the decisions, the decisions are based on past decisions in similar cases (called precedence).

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11
Q

When was the Common law established and by who and for who?

A

It was established in England by kings, it was made for courts.

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12
Q

Which legal system is American legal system based on?

A

Common law.

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13
Q

What are they four categories of law in America

A

Civil law
Constitutional law
Criminal law
Military law

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14
Q

What does Civil law do?

A

It deals with conflicts between people.

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15
Q

What does the Civil law involve?

A

It often involves a dispute about an individual right.

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16
Q

What are the types of Civil law?

A

Contract
Property
Family
Tort

17
Q

What does Constitutional law do?

A

Deals with the rules established in the constitution.

18
Q

What is the Criminal law’s goal?

A

To protect society.

19
Q

What does Criminal law do?

A

It punishes people who violate laws meant to protect society.

20
Q

What is Military law?

A

It’s the law that makes sure that members of the military follow the law and the military orders

21
Q

What is an example of military law?

A

When someone from the navy goes and robs a bank that breaks military law.

22
Q

What is another name for Military Law?

A

Uniform Code of Military Justice.

23
Q

What is the structure of the Federal Court System?

A
  1. Article 3 of the Constitution determines the power and jurisdiction (scope of authority) of the federal courts.
  2. District Courts
  3. The Court Appeals
  4. Supreme Court
24
Q

What does article 3 of the constitution determine?

A

It determines the power and jurisdiction (scope of authority) of the federal courts.

25
Q

Which courts are at the lowest level of the court structure?

A

District courts

26
Q

What is the highest court in the usa?

A

The Supreme Court

27
Q

What is the role of the Supreme Court?

A

After the Court of Appeals, if a side is not happy with the decision, they can appeal to the Supreme Court. The Supreme Court decides which cases they hear.

28
Q

What if I don’t like the decision of the Supreme Court?

A

Too bad. Supreme Court decisions are final.

29
Q

What is the role of the Court of Appeals?

A

If a side thinks a mistake was made during the trial, they can ask for a review of the case from the Court of Appeals.

30
Q

What is the districts court of appeals made up of?

A

It is made up of a panel of 3 judges

31
Q

What is a trial court?

A

It’s the court where each side presents the facts of the case, including evidence, then the judge or the jury decides the outcome.

32
Q

What is Certiorari?

A

It’s the right to be heard before the Supreme Court.

33
Q

How many cases are appealed to the Supreme Court each year?

A

Between 7.000 and 8.000.

34
Q

How many cases are heard by the Supreme Court each year?

A

About 80 cases.

35
Q

What is the structure of the Florida State Court System?

A

It has 4 levels of Courts.

  1. County Courts
  2. Circuit Courts
  3. District Court of Appeals
  4. Florida State Supreme Court