Judicial Branch Flashcards
What are the roots of the American legal system?
- Code of Hammurabi
- The Justinian Code
- Canon Law
- Common Law
What was the Code of Hammurabi?
One of the FIRST formal legal codes,
Who established the Code of Hammurabi and when?
It was established by Hammurabi (ruler of the first dynasty of Babylon) around 1750 BCE
around 1750 BCE
What was The Justinian Code?
It was written for the Roman emperor Justinian in the 500s CE.
What is the Justinian law considered?
It is considered the forbearer ( ancestor) of western law.
What is the Canon Law?
It was created by the Catholic Church. It governed church officials and church members and was the highest binding law.
What was the Canon Law based on?
It was based on the Ten Commandments and interpretations of legal codes found in the Bible.
When was the Canon law created?
In the 1000s CE.
What is the Common Law?
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.
What is the role of judges in Common law?
Courts and judges make the decisions, the decisions are based on past decisions in similar cases (called precedence).
When was the Common law established and by who and for who?
It was established in England by kings, it was made for courts.
Which legal system is American legal system based on?
Common law.
What are they four categories of law in America
Civil law
Constitutional law
Criminal law
Military law
What does Civil law do?
It deals with conflicts between people.
What does the Civil law involve?
It often involves a dispute about an individual right.
What are the types of Civil law?
Contract
Property
Family
Tort
What does Constitutional law do?
Deals with the rules established in the constitution.
What is the Criminal law’s goal?
To protect society.
What does Criminal law do?
It punishes people who violate laws meant to protect society.
What is Military law?
It’s the law that makes sure that members of the military follow the law and the military orders
What is an example of military law?
When someone from the navy goes and robs a bank that breaks military law.
What is another name for Military Law?
Uniform Code of Military Justice.
What is the structure of the Federal Court System?
- Article 3 of the Constitution determines the power and jurisdiction (scope of authority) of the federal courts.
- District Courts
- The Court Appeals
- Supreme Court
What does article 3 of the constitution determine?
It determines the power and jurisdiction (scope of authority) of the federal courts.
Which courts are at the lowest level of the court structure?
District courts
What is the highest court in the usa?
The Supreme Court
What is the role of the Supreme Court?
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.
What if I don’t like the decision of the Supreme Court?
Too bad. Supreme Court decisions are final.
What is the role of the Court of Appeals?
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.
What is the districts court of appeals made up of?
It is made up of a panel of 3 judges
What is a trial court?
It’s the court where each side presents the facts of the case, including evidence, then the judge or the jury decides the outcome.
What is Certiorari?
It’s the right to be heard before the Supreme Court.
How many cases are appealed to the Supreme Court each year?
Between 7.000 and 8.000.
How many cases are heard by the Supreme Court each year?
About 80 cases.
What is the structure of the Florida State Court System?
It has 4 levels of Courts.
- County Courts
- Circuit Courts
- District Court of Appeals
- Florida State Supreme Court
How many County courts are in Florida?
67 courts (one per county).
What are the jurisdiction of County Courts?
- Civil cases - less than $15.000.
- Traffic disputes.
- Misdemeanors - a minor wrongdoing, like stealing pens from CVS.
How many Circuit courts are in Florida?
20 courts.
What are the jurisdiction of Circuit Courts?
- Civil cases - above $15.000.
- Juvenile cases
- Tax disputes
- Criminal cases of felonies (serious crimes)
Give an example of a felony
Murder
How many District Courts of Appeals are in Florida?
5
How many judges are in each District Court of Appeals?
Each court has a panel of three judges.
How is the Florida State Supreme Court made up of?
It is a panel of 7 Justices.
How many Justices must agree to pass a decision?
4 out of 5.
What does CE stand for?
Common Era
What does BCE stand for?
Before Common Era
What is an example of property law?
When a tree on Person A’s side falls on Person B’s side.
What is tort?
A wrongful act
What is an example of tort
Accidental car crash
Trial court.
Each side presents the facts of the case including evidence, then the judge or jury decides the outcome.
What is a felony?
A serious crime
Can you give an example of a felony?
Murder
What is the Latin meaning of tort?
Tort comes from the Latin word Tortum, which means wrong.
True or false cases can be appealed one more time to the Supreme Court
True
What does the jury do in a trial?
They decide if a person is guilty or not guilty.
True or false, a tort is a rightful act
False, a tort is a wrongful act
True or false, the Supreme Court cannot decide what cases they want to hear
False, they CAN choose what cases they want to hear.
True or false, 2 out of 5 Justices in the Florida State Supreme Court must agree to pass a decision.
False, 4 out of 5 must agree to pass a decision.
True or false, FSSC is made up of 9 justicies
False, made up of 7 justices
True or false,the Justinian code was written for the Roman emperor Justinian.
True
