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

25
lawyers present their cases verbally - each lawyer gets exactly 30 minutes
Oral Arguments
26
Official Ruling - winning side! - gives reasons for their decision
Majority Opinion
27
losing side! - gives reasons why they oppose the ruling - "dissenting opinion"
Minority Opinion
28
where are the most court cases heard overall?
on the State level
29
what kind of case is normally settled out of court?
Civil Cases
30
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
31
only state court that has juries
the Circuit Courts