judicial system test Flashcards

1
Q

define rule of law

A

no individual, organization or govt official is above the law

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2
Q

what is the role of the judicial branch

A

interprate the law

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3
Q

what article of the constitution lays out the plan for the judicial branch

A

article 3

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4
Q

how can the judicial branch check the other 2 branches

A

the judicial branch can find laws unconstitutional and declare they cant be enforced

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5
Q

define judicial review

A

the power of the courts to declare a law made by the govt unconstitutional

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6
Q

who appoints and confirms supreme court justices

A

they’re appointed by the president and confirmed by the senate

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7
Q

define trial court

A

a court of law where cases are tried first

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8
Q

define appellate court

A

a court that hears appeals from lower courts and reviews decisions for errors

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8
Q

define criminal court

A

a law court that deals with cases involving crimes

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8
Q

define civil court

A

hear cases where one person or group thinks another person or group should pay for causing harm

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8
Q

define jurisdiction

A

which court will hear your case

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8
Q

what type of court has original jurisdiction

A

trial courts

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9
Q

what type of courts has appellate jurisdiction

A

appellate courts, supreme court

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10
Q

define plaintiff

A

the party accusing someone of damage

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11
Q

define defendant

A

the person being accused

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12
Q

define prosecutor

A

the legal representative who brings criminal charges against a defendant on behalf of the govt

13
Q

what is the role of the judge in the courtroom

A

the judge in the courtroom oversees proceedings, ensures fairness, and interprets and applies the law

14
Q

what is the role of the jury in the courtroom

A

the jury in the courtroom assess evidence, determines facts, and reaches a verdict in a trial

15
Q

why do most legal cases never go to trial

A

most legal cases don’t go to trial due to settlements in civil cases or plea bargains in criminal cases

16
Q

when can a person appeal a case

A

a person can appeal a case if there are legal errors, constitutional violations, or mistakes during the trial

17
Q

define due process

A

the fair treatment and protection of legal rights in the legal system

18
Q

define dual court system

A

the coexistence of federal and state court systems in the united states

19
Q

how many cases are heard by the supreme court each year

A

the supreme court hears around 100-150 cases each year

20
Q

what criteria are justices looking for when they choose to hear a case

A

justices consider factors like legal significance, constitutional issues, and circuit splits when choosing cases

21
Q

define writ of cert

A

an order by the supreme court to review a lower courts decision

22
Q

what is the role of a solicitor general

A

attorney for the U.S. govt

23
Q

define rule of four

A

four justices need to agree to hear a case

24
Q

define majority opinion

A

the opinion of the majority of judges in a court case

25
Q

define concurring opinion

A

an opinion written by a judge who agrees with the majority but has different reasons or additional points

26
Q

define dissenting opinion

A

the opinion of the justices who disagree with the majority

27
Q

what happens if the supreme court finds a law unconstitutional

A

it can no longer be enforced

28
Q

define judicial restraint

A

strict interpretation of the constitution

29
Q

define judicial activism

A

loose interpretation of the constitution

30
Q

define stare deciss

A

let the decision stand

31
Q
A