powers and courts Flashcards
The Legislative Branches must follow the rulings of the
supreme court
Judicial Review is
the power to say whether a federal, state, or local government action goes against the constitution (also executive orders)
This was created by a court case called the
Marbury & Madison case
wrote the opinion for the power during the court case
John Marshall
The constitution is the
supreme law of the land
If there is a conflict between the constitution and the law
the constitution rules
Congress can get around a court ruling by
passing a new one or changing a law which is unconstitutional
Congress is limited on
Amendments in the constitution
IMPEACHMENT*
The court only accepts federal cases that involve a federal question
The U.S has what court sytem
a dual court system
There are federal courts and each state has its
own court system
Both federal and state courts are used for the
same thing
Most cases will be heard in
state courts
WHAT ARE COURTS USED FOR
To settle DISPUTES* (They are lawsuits)
To decide if a person is guilty of committing a crime or not
how many levels are in the federal court system
3 levels
what article gives the judicial branch its power
article 3
the supreme court created
article 3
Congress was given the power to
create any other courts if necessary
what is jurisdiction
When a case comes up, it has to be decided which court can hear it
what is exclusive jurisdiction
If only federal courts can hear the case
what is concurrent jurisdiction
If either the state or federal courts can hear the case
what level are district courts
level 1
how many district courts are there
94
Each district court has a
MAGISTRATE JUDGE
Issue court orders include
search warrants and arrest warrants
district courts are the only place where
jury trials happen for criminal and civil cases and where lawsuits begin
what do district courts do
They hear the evidence in the case to determine whether the case should be brought to trial
Decides whether people should be arrested in jail or released on bail to wait for their trial
All federal cases start here because of
original jurisdiction
steps in the district courts
This is where the facts of the case will come out
This is where witnesses will TESTIFY* and juries will listen
This is where the jury will determine if the defendant is guilty or not
what level are appellate courts
level 2
what are some names for appellate courts
Federal Appeal Courts
Circuit Courts Of Appeals
Appellate Courts
U.S Courts Of Appeals
what type of jurisdiction do appellate courts have
appellate jurisdiction
do appellate courts have trials
no
what can appellate courts can and can’t do
They do not decide if the defendant is guilty or not
They can only decide whether the defendants rights are protected or whether the person received a fair trial
what are the steps to an appellate court
Three or more judges review the case
They listen to arguments from lawyers on each side
The judges make a decision
what can appellate courts do
Uphold the original decision
Reverse the decision
Remand the case
what does Uphold the original decision mean
This means they are saying that you got a fair trial, and that the decision of the district court stands
what does Reverse the decision
mean
This means they decided that the lower court was wrong and changed the decision. This will happen when new evidence is found
what does Remand the case
mean
This means that you didn’t get a fair trial and the case goes back to the district court to be tried again
how many appellate courts are there
13
what level is supreme courts
3rd and final level
how many people are in the supreme courts
there are 8 associates and justices and 1 chief justice
what is the supreme courts main job
to decide whether or not laws are allowable under the constitution
Original Jurisdiction is in
a small amount of cases
Appellate Jurisdiction will
listen to select cases on appeal from lower courts
do they have to hear all cases brought in
no
The Supreme Court has final authority in:
Any case involving the constitution
Any case involving acts of Congress and executive orders
Anything involving with treaties and other nations
Decisions of the court are all commanding in
lower courts
When the supreme court refuses to hear a case,
the decision of the lower courts remain unchanged
how many supreme courts are there
1
