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

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17
Q

What does Constitutional law do?

A

Deals with the rules established in the constitution.

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18
Q

What is the Criminal law’s goal?

A

To protect society.

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19
Q

What does Criminal law do?

A

It punishes people who violate laws meant to protect society.

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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

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21
Q

What is an example of military law?

A

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

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22
Q

What is another name for Military Law?

A

Uniform Code of Military Justice.

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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
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24
Q

What does article 3 of the constitution determine?

A

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

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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
36
Q

How many County courts are in Florida?

A

67 courts (one per county).

37
Q

What are the jurisdiction of County Courts?

A
  1. Civil cases - less than $15.000.
  2. Traffic disputes.
  3. Misdemeanors - a minor wrongdoing, like stealing pens from CVS.
38
Q

How many Circuit courts are in Florida?

A

20 courts.

39
Q

What are the jurisdiction of Circuit Courts?

A
  1. Civil cases - above $15.000.
  2. Juvenile cases
  3. Tax disputes
  4. Criminal cases of felonies (serious crimes)
40
Q

Give an example of a felony

A

Murder

41
Q

How many District Courts of Appeals are in Florida?

A

5

42
Q

How many judges are in each District Court of Appeals?

A

Each court has a panel of three judges.

43
Q

How is the Florida State Supreme Court made up of?

A

It is a panel of 7 Justices.

44
Q

How many Justices must agree to pass a decision?

A

4 out of 5.

45
Q

What does CE stand for?

A

Common Era

46
Q

What does BCE stand for?

A

Before Common Era

47
Q

What is an example of property law?

A

When a tree on Person A’s side falls on Person B’s side.

48
Q

What is tort?

A

A wrongful act

49
Q

What is an example of tort

A

Accidental car crash

50
Q

Trial court.

A

Each side presents the facts of the case including evidence, then the judge or jury decides the outcome.

51
Q

What is a felony?

A

A serious crime

52
Q

Can you give an example of a felony?

A

Murder

53
Q

What is the Latin meaning of tort?

A

Tort comes from the Latin word Tortum, which means wrong.

54
Q

True or false cases can be appealed one more time to the Supreme Court

A

True

55
Q

What does the jury do in a trial?

A

They decide if a person is guilty or not guilty.

56
Q

True or false, a tort is a rightful act

A

False, a tort is a wrongful act

57
Q

True or false, the Supreme Court cannot decide what cases they want to hear

A

False, they CAN choose what cases they want to hear.

58
Q

True or false, 2 out of 5 Justices in the Florida State Supreme Court must agree to pass a decision.

A

False, 4 out of 5 must agree to pass a decision.

59
Q

True or false, FSSC is made up of 9 justicies

A

False, made up of 7 justices

60
Q

True or false,the Justinian code was written for the Roman emperor Justinian.

A

True