Judicial Branch - Test Flashcards

1
Q

what article of the Constitution is the Judicial branch vaguely explained?

A

Article Three

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2
Q

three functions of the Judicial Branch

A

1) Interpret the law
2) Settle Disputes
3) Create expectations for the future (est. Precedence)

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3
Q

the 2 separate court systems in the USA

A

1) State Courts
2) Federal Courts

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4
Q

3 main levels of the Federal court system

A

1) Supreme Court
2) Circuit/Court of Appeals
3) District Courts

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5
Q

two categories of the Federal court system

A

1) Constitutional courts (district, court of appeals, and the supreme court)
2) Special Courts (armed services, veterans, federal claims, tax)

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6
Q

Two major types of Jurisdiction:

A

1) Original Jurisdiction: the court in which the case is heard first
2) Appellate Jurisdiction: the court that hears the most cases on appeal

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7
Q

Federal court that hears the most cases on the Federal level
- “Trial Courts”
- have original jurisdiction
- have juries

A

District Courts

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8
Q

Federal court that only has Appellate Jurisdiction
- “Court of Appeals”
- no juries (3 judges)
- cannot refuse to hear a case

A

Circuit Courts

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9
Q

Federal court that has both original and appellate jurisdiction
- “Court of Last Resort”
- hears mostly appeal cases
- can refuse to hear certain cases

A

Supreme Court

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10
Q

how are federal judges appointed?

A

they are appointed by the president and approved by the Senate

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11
Q

term of office for federal judges

A

lifetime appointments!
- until they die or retire

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12
Q

police force of the court system

A

US Marshals (94)

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13
Q

the person who files the complaint/suit

A

Plaintiff

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14
Q

the person who the complaint is against

A

Defendent

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15
Q

decides if there is enough evidence to take a case to trial
- only needs a majority vote!

A

Grand Jury

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16
Q

decides the guilt or innocence of the accused
- must be a unanimous vote!

A

Petite Jury

17
Q

landmark case that gave the Supreme Court the power of Judicial Review

A

Marbury vs. Madison

18
Q

the right to decide if a case is constitutional or unconstitutional

A

Judicial Review

19
Q

what percent of cases does the Supreme Court accept out of 800-1000 cases they are presented?

A

1% or 80-100 cases

20
Q

federal government chief lawyer

A

Solicitor General

21
Q

when 4 out of 9 justices agree to hear the case

A

“Rule of Four”

22
Q

what kind of cases does the Supreme Court hear?

A

1) cases that will affect the whole country
2) cases that involve constitutional questions
3) crimes “committed on the high seas” - very rare nowadays!!

23
Q

if a case is heard it receives a what?
- legal order to hear the case

A

Writ of Certiorari

24
Q

written legal arguments presented by each lawyer to the Justices
- summary of the case that the Justices will read before the trial happens

A

Briefs

25
Q

lawyers present their cases verbally
- each lawyer gets exactly 30 minutes

A

Oral Arguments

26
Q

Official Ruling
- winning side!
- gives reasons for their decision

A

Majority Opinion

27
Q

losing side!
- gives reasons why they oppose the ruling
- “dissenting opinion”

A

Minority Opinion

28
Q

where are the most court cases heard overall?

A

on the State level

29
Q

what kind of case is normally settled out of court?

A

Civil Cases

30
Q

level of the state courts

A

1) State Supreme Courts (both original and appellate jurisdiction)
2) State Appellate Courts (appellate jurisdiction)
3) Circuit Courts (original jurisdiction, have juries!)
4) Probate Courts: deal w/ estates, wills, etc.
5) Juvenile Courts: deal w/ underage criminals
6) Family Courts: deal w/ custody, abuse, child support, etc.
7) Divorce Courts
8) Small Claims Courts: deal w/ minor lawsuit (less than $10,000)
9) Traffic Courts: deal w/ traffic violations

31
Q

only state court that has juries

A

the Circuit Courts