Judicial Branch - Test Flashcards
what article of the Constitution is the Judicial branch vaguely explained?
Article Three
three functions of the Judicial Branch
1) Interpret the law
2) Settle Disputes
3) Create expectations for the future (est. Precedence)
the 2 separate court systems in the USA
1) State Courts
2) Federal Courts
3 main levels of the Federal court system
1) Supreme Court
2) Circuit/Court of Appeals
3) District Courts
two categories of the Federal court system
1) Constitutional courts (district, court of appeals, and the supreme court)
2) Special Courts (armed services, veterans, federal claims, tax)
Two major types of Jurisdiction:
1) Original Jurisdiction: the court in which the case is heard first
2) Appellate Jurisdiction: the court that hears the most cases on appeal
Federal court that hears the most cases on the Federal level
- “Trial Courts”
- have original jurisdiction
- have juries
District Courts
Federal court that only has Appellate Jurisdiction
- “Court of Appeals”
- no juries (3 judges)
- cannot refuse to hear a case
Circuit Courts
Federal court that has both original and appellate jurisdiction
- “Court of Last Resort”
- hears mostly appeal cases
- can refuse to hear certain cases
Supreme Court
how are federal judges appointed?
they are appointed by the president and approved by the Senate
term of office for federal judges
lifetime appointments!
- until they die or retire
police force of the court system
US Marshals (94)
the person who files the complaint/suit
Plaintiff
the person who the complaint is against
Defendent
decides if there is enough evidence to take a case to trial
- only needs a majority vote!
Grand Jury
decides the guilt or innocence of the accused
- must be a unanimous vote!
Petite Jury
landmark case that gave the Supreme Court the power of Judicial Review
Marbury vs. Madison
the right to decide if a case is constitutional or unconstitutional
Judicial Review
what percent of cases does the Supreme Court accept out of 800-1000 cases they are presented?
1% or 80-100 cases
federal government chief lawyer
Solicitor General
when 4 out of 9 justices agree to hear the case
“Rule of Four”
what kind of cases does the Supreme Court hear?
1) cases that will affect the whole country
2) cases that involve constitutional questions
3) crimes “committed on the high seas” - very rare nowadays!!
if a case is heard it receives a what?
- legal order to hear the case
Writ of Certiorari
written legal arguments presented by each lawyer to the Justices
- summary of the case that the Justices will read before the trial happens
Briefs
lawyers present their cases verbally
- each lawyer gets exactly 30 minutes
Oral Arguments
Official Ruling
- winning side!
- gives reasons for their decision
Majority Opinion
losing side!
- gives reasons why they oppose the ruling
- “dissenting opinion”
Minority Opinion
where are the most court cases heard overall?
on the State level
what kind of case is normally settled out of court?
Civil Cases
level of the state courts
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
only state court that has juries
the Circuit Courts
