JUDICIAL BRANCH TEST Flashcards
What are the three job functions of the judicial branch
- Interpret Laws
- Settle disputes
- Create expectations for the future
What are the 2 separate court systems in the U.S.
- State Courts
- Federal/National Courts
Judiciary Act of 1789
Selled out how the federal court system would work
Name the three main levels courts of the federal court system.
1.District
2.Circut
3.Supreme court
What are the two categories of courts.
1.Constitutional Courts
2. Special courts
What are the 3 courts in the Constitutional Courts
- District Courts
- Court of Appeals
- Supreme Court
What are the 4 things in Special Courts
- Armed Services
2, Veterans
3.Federal Claims
4.Tax
Jurisdiction
The authority of a court to hear a case
What are the two major types of jurisdiction
1.Original Jurisdiction
2. Appellate Jurisdiction
District Courts
Have original jurisdiction hear most of the cases on the federal level and have injuries.
Circuit Courts (court of appeals)
1.No juries
2. 3 judge pannels
3. Can refuse to hear a case
Supreme Court
Has both types of jurisdiction
Can refuse to hear a case
Federal Judges
Appointed by the president and approved by the senate (over 600 judges)
Term of office
Lifetime Appointments
US marshals
Police force of the court system
Plaintiff
The person who files the charge
Defendant
The person who the complaint is against
Grand Jury
Decides if there is enough evidence to take a case to trial/court
Petite Jury
Decides if guilty or innocent of the accused
The supreme court
The court of last resort
Judicial Review
The right to decide if a case is constitutional or unconstitutional.
Solicitor General
Federal governments chief lawyer
Rule of four
if 4 out of 9 justices agree to hear the case
What type of cases do the supreme court hear?
- Cases that will affect the entire country
- Cases that involve constitutional questions
- Crimes “committed on the high seas-rare
Writ of certiorari
Legal order to hear the case
Breifs
Written legal arguments presented by each lawyer to the justices.
Oral arguments
Lawyer present their case
Majority opinion
Gives reasons for their decision- OFFICIAL RULING
Minority Opinion
gives reasons why they opposed ruling
Most court cases are heard on the…
State level
Almost All criminals start in….
State courts
Most judges are _____ not appointed as on the state level
Elected
State supreme courts
Deal mostly with appellate jurisdiction
State appeals courts
Deal with only appellate jurisdiction
Circuit Courts
Every county has one
Probate courts
Deal with estates/wills
Juvenile courts
Deal with under age criminals(18 and younger)
Family courts
Deal with custody,abuse, child support
Small Claims courts
Deal with minor lawsuits
Traffic courts
Deal with traffic violations