judicial system test Flashcards
define rule of law
no individual, organization or govt official is above the law
what is the role of the judicial branch
interprate the law
what article of the constitution lays out the plan for the judicial branch
article 3
how can the judicial branch check the other 2 branches
the judicial branch can find laws unconstitutional and declare they cant be enforced
define judicial review
the power of the courts to declare a law made by the govt unconstitutional
who appoints and confirms supreme court justices
they’re appointed by the president and confirmed by the senate
define trial court
a court of law where cases are tried first
define appellate court
a court that hears appeals from lower courts and reviews decisions for errors
define criminal court
a law court that deals with cases involving crimes
define civil court
hear cases where one person or group thinks another person or group should pay for causing harm
define jurisdiction
which court will hear your case
what type of court has original jurisdiction
trial courts
what type of courts has appellate jurisdiction
appellate courts, supreme court
define plaintiff
the party accusing someone of damage
define defendant
the person being accused
define prosecutor
the legal representative who brings criminal charges against a defendant on behalf of the govt
what is the role of the judge in the courtroom
the judge in the courtroom oversees proceedings, ensures fairness, and interprets and applies the law
what is the role of the jury in the courtroom
the jury in the courtroom assess evidence, determines facts, and reaches a verdict in a trial
why do most legal cases never go to trial
most legal cases don’t go to trial due to settlements in civil cases or plea bargains in criminal cases
when can a person appeal a case
a person can appeal a case if there are legal errors, constitutional violations, or mistakes during the trial
define due process
the fair treatment and protection of legal rights in the legal system
define dual court system
the coexistence of federal and state court systems in the united states
how many cases are heard by the supreme court each year
the supreme court hears around 100-150 cases each year
what criteria are justices looking for when they choose to hear a case
justices consider factors like legal significance, constitutional issues, and circuit splits when choosing cases
define writ of cert
an order by the supreme court to review a lower courts decision
what is the role of a solicitor general
attorney for the U.S. govt
define rule of four
four justices need to agree to hear a case
define majority opinion
the opinion of the majority of judges in a court case
define concurring opinion
an opinion written by a judge who agrees with the majority but has different reasons or additional points
define dissenting opinion
the opinion of the justices who disagree with the majority
what happens if the supreme court finds a law unconstitutional
it can no longer be enforced
define judicial restraint
strict interpretation of the constitution
define judicial activism
loose interpretation of the constitution
define stare deciss
let the decision stand
