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Civics-The Judicial Branch > Justice System broken down > Flashcards

Justice System broken down Flashcards

1
Q

Name the 4 types of laws:

A

Statutory Law
Common Law
Administrative Law
Constitutional Law

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2
Q

Who makes statutory laws?

A

Congress, state & local legislatures

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3
Q

Give an example(s) of a statutory law?

A

Fire exits must be present in all public buildings

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4
Q

This law is based on the decision of judges( their common sense and common practice)

A

Common Law

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5
Q

This law is made by government agencies (Executive Branch)
Hint: It affects us daily & may not even realize it

A

Administrative Law

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6
Q

What is an example of Administrative Law?

A

Consumer Product Safety Commission- recalling an unsafe toy

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7
Q

What are the two court systems?

A

Federal and State

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8
Q

What is the definition of Justices?

A

A judge or magistrate, a judge of the Supreme Court

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9
Q

What is the term Justice mean in the court system?

A

Those who deserve to be punished are punished, and those who are don’t are set free
“Innocent until proven guilty”

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10
Q

What article number of the constitution created the Supreme court?

A

Article 3

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11
Q

“The Judicial Powers of the U.S. shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time-to-time establish”

A

Article 3 of the Constitution

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12
Q

Congress passed the Judiciary Act in what year?

A

1789

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13
Q

Which court has jurisdiction in many areas?

A

Federal Courts

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14
Q

Define jurisdiction

A

The authority to interpret and administer the law in a given area

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15
Q

Example of a case that would land in Federal Court.

A

Murder over state lines……..

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16
Q

What is the Organization of the Federal Courts?

A

1) Original Jurisdiction
2) Appellate Jurisdiction

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17
Q

Authority of a court to hear cases first, trial courts, lowest level

A

Original Jurisdiction

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18
Q

Authority of a court to hear appeals, they review decisions made by lower courts

A

Appellate Jurisdiction

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19
Q

Convicted persons can appeal their case to this level (when the feeling is that the lower court’s decision was incorrect or unfair

A

Appellate Jurisdiction

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20
Q

What are the 3 Main Levels of Federal Courts?

A

1) U.S. District Courts
2) U.S. Court of Appeals
3) U.S. Supreme Court

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21
Q

This court exists in each state, and there are 94 of them.

A

U.S. District Courts

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22
Q

These are the only Federal Courts to use juries

A

U.S. District Courts

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23
Q

They have “original jurisdiction”…..

A

U.S. District Courts

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24
Q

Accused is to receive a fair trial, they are to be convient for all involved with the case, and juries will be familiar with the area and can judge better

A

U.S. District Courts-Constitution (Art. 3 Sec 2)

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25
Q

Appointed by the President, approved by the Senate

A

Judges

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26
Q

They preside over a single court

A

Judge

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27
Q

The decide the sentence of the accused if they are found guilty

A

Judge

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28
Q

Arrest the accused for breaking Federal Law & they deliver Subpoenas official court orders which require someone to appear in court

A

Marshal

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29
Q

Hears evidence against the accused and decides whether the case should be brought before a grand jury

A

Magistrate

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30
Q

They try minor cases

A

Magistrate

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31
Q

Lawyer for the federal government

A

U.S. Attorney

32
Q

Try to prove to the jury that the accused person is guilty of the crime

A

U.S. Attorney

33
Q

MIDDLE LEVEL COURTS

A

U.S. Courts of APPEALS

34
Q

Review cases that are appealed from the DISTRICT COURTS and appeals from Federal Regulatory Agencies

A

U.S. Courts of Appeals

35
Q

13 of these courts exist

A

U.S. Courts of Appeals

36
Q

Each of this court covers a large Judicial District=CIRCUIT

A

U.S. Courts of Appeals

37
Q

50 states are divided into 12 circuits

A

U.S. Courts of Appeals

38
Q

Each of these types of courts has a panel of 3 judges=senior judge=Chief Judge

A

U.S. Courts of Appeals

39
Q

They do NOT decide guilt or innocence, decide if the person appealing was granted full legal rights during their trial

A

U.S. Courts of Appeals

40
Q

They use majority vote to decide

A

U.S. Courts of Appeals

41
Q

If the case WAS determined to be UNFAIR:

A

It goes back to District Court for a retrial

42
Q

If the case WAS determined to be FAIR:

A

Uphold decision, usually final, but can be appealed to the Supreme Court

43
Q

HIGHEST LEVEL COURT

A

SUPREME COURT

44
Q

Panel of 9 Justices, 8 associate, 1 chief

A

Supreme Court

45
Q

Located in Washington D.C.

A

Supreme Court

46
Q

They have appellate and *Original Jurisdiction

A

Supreme Court

47
Q

*Original Jurisdiction in 3 areas

A

Cases over diplomatic representatives
Cases involving disputes between states
Cases involving a state and the Fed. Gov

48
Q

Hears cases involving $ and the Federal Government. (if the Fed. Government lost=Congress must approve the spending of the $ awarded)

A

U.S. Claims Courts

49
Q

Cases involving tariffs or import taxes (ex. - if you felt the import tax was too high - you can challenge)

A

U.S. Court of International Trade

50
Q

Bring justice to those people in U.S. territories (District Courts for the territories)

A

Territorial Courts

51
Q

Hears appeals from taxpayers who disagree with the IRS (actually an Independent Agency with the power of a court)

A

U.S. Tax Court

52
Q

People in the military who are accused of breaking the law are tried at a COURT MARTIAL=you can appeal those decisions to this court=consists of 3 civilian judges

A

Court of Military Appeals

53
Q

Appointed for life; Can only be removed by impeachment

A

Federal Court Judges/Justices

54
Q

Congress may NOT lower a judge’s salary during his/her term (so they can’t be punished or rewarded for their decisions)

A

Federal Court Judges/Justices

55
Q

Appointed by the President and MUST be approved by the SENATE

A

Federal Court Judges/Justices

56
Q

Head of the Judicial Branch & the ONLY court established by the CONSTITUTION

A

The Supreme Court

57
Q

Size is determined by Congress; fixed at 9 since 1869

A

Justices of The Supreme Court

58
Q

What are the requirements to be a Justice for The Supreme Court?

A

NONE! Set by the Constitution

59
Q

All had been men until 1981 (Ronald Reagan appointed Sandra Day O’Connor)

A

Justices of the Supreme Court

60
Q

How many woman currently serve as Justices of the Supreme Court?

A

3

61
Q

Sonia Sotomayor, Elena Kagan, Amy Barrett

A

Woman Justices of the Supreme Court

62
Q

Who is the current Chief Justice of The Supreme Court?

A

John Roberts

63
Q

How many justices were nominated by a Republican president?

A

6

64
Q

How many justices were nominated by a Democratic president?

A

3

65
Q

Power to study & review laws passed by Congress

A

Judicial Review

66
Q

Before the Court can do this, someone must challenge the law in court- only appealed or challenged laws go to the Supreme Court

A

Judicial Review

67
Q

Judges/Justices have the power to determine whether the law passed by Congress or Presidential Action is Constitutional

A

Judicial Review

68
Q

If the law CONFLICTS with the Constitution=UNCONSTITUTIONAL

A

Judicial Review, thrown out by the court

69
Q

This power is NOT specifically listed in the Constitution

A

Judicial Review

70
Q

It was established by John Marshall

A

Judicial Review

71
Q

During his 34 years on the court, he established the 3 Basic Principles of American Law

A

John Marshall

72
Q

What was the case, and when that established Judicial Review?

A

1803, Marbury vs Madison

73
Q

List the key points of Marbury vs Madison

A

Marbury was promised a job by Madison
Madison didn’t give Marbury the job
Marbury said the Judiciary Act of 1789 allowed the court to order Madison to give him the job
Marshall said that the Judiciary Act was unconstitutional

74
Q

What are the 3 Basic Principles of American Law?

A

Marbury vs Madison
Principle laws passed by a State Legislature could be set aside as unconstitutional
Supreme Court can reverse the decisions of State Courts

75
Q

Who has the power to establish what the Constitution means?

A

Court

76
Q

How does the Supreme Court decide what cases to hear?

A

They select cases that involve significant public interest ( election 2000) (abortion) or cases dealing with important Constitutional issues

77
Q

How many Justices must agree to hear the case?

A

4 out of 9

Civics-The Judicial Branch (1 decks)

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