Judicial Branch Flashcards
The court that first hears a case is said to have _____________________________
Original Jurisdiction
The person who
begins a civil or
criminal suit is
called the
plaintiff
A Supreme Court justice who doesn't agree with the majority decision can submit a
dissenting
opinion
If a case is accepted by the Supreme Court a party has successfully applied for a
writ of
certiorari
The federal court or courts that hear the greatest number of cases are
Federal
district
courts
Justices on the
Supreme Court
are appointed
for
life
Federal judges are nominated by the \_\_\_\_\_\_\_\_\_\_\_ and confirmed by the \_\_\_\_\_\_\_\_\_\_
President,
Senate
Which article of the
US Constitution
sets up the Judicial
Branch
Article
3
What is the role
of the Judicial
Branch
Interpret
the law
When dealing with
problems of law,
the Supreme Court
has to wait…
until a problem with the law comes to them through the lower court system to make a decision
What is the
idea of
precedent
Previously decided cases provide a guide for the decisions of future cases
What are the 2
sources of law
in the U.S.
Justice System
Statutory
and
Common
In an appeals
trial, the
appealing party
wants to show…
that the original
trial court made
some type of legal
error in its decision
The “rule
of four”
refers to
the number of justices on the Supreme Court that must agree to hear a case
Prior to hearing a case, Supreme Court justices are given a written \_\_\_\_\_\_\_\_\_\_\_ to review prior to hearing oral arguments
brief
Civil Law
deals
with….
obligations
of persons to
one another
How many
members sit on
the US
Supreme Court
9
Plea bargains
are designed
to…
ease the trial load of courts by offering a defendant a lesser sentence in exchange for a guilty plea
The term “Dual
Court System”
refers to
the fact that in the
U.S. we have
both state and
federal courts
Double
Jeopardy
is…
the idea that
you may not be
tried twice for
the same crime
The Supreme Court is called the Highest Court in America because it is
the last court in which questions about the Constitution and federal law can be decided
The primary
difference between
a misdemeanor
and a felony is
the severity of
the possible
punishment
Four requirements to serve on a jury…
18 years of age.
US Citizen.
Never been convicted of a felony.
What is an “AMICUS CURIAE” Brief?
Friend of the Court briefs which are filed by parties that will be impacted by the SCOTUS decision
What is a Concurring opinion
One or more who agree w/majority to make a point not expressed in majority opinion.
How long does each side get for “ORAL ARGUMENTS” when the case is heard in front of the Supreme Court?
30 minutes
There are ______ Conservatives and _______Liberals currently sitting on the United States Supreme Court?
6 Conservatives and 3 Liberals
Who is the current “Chief Justice” of the U.S. Supreme Court?
John G. Roberts
What Burden of Proof do you need to convict someone in a Criminal Case?
Beyond a reasonable doubt”
What % “Sure of Guilt” is applied to a criminal case?
*A common person would be 95 + % sure of guilt”
What Burden of Proof do you need to convict someone in a Civil Case?
Preponderance of the evidence
What % “Sure of Guilt” is applied to a civil case?
A common person would be 50.1 +% sure of guilt
The person who has been accused of breaking a law created by Congress is called a ____________
defendant
