powers and courts Flashcards

1
Q

The Legislative Branches must follow the rulings of the

A

supreme court

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2
Q

Judicial Review is

A

the power to say whether a federal, state, or local government action goes against the constitution (also executive orders)

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3
Q

This was created by a court case called the

A

Marbury & Madison case

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4
Q

wrote the opinion for the power during the court case

A

John Marshall

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5
Q

The constitution is the

A

supreme law of the land

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6
Q

If there is a conflict between the constitution and the law

A

the constitution rules

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7
Q

Congress can get around a court ruling by

A

passing a new one or changing a law which is unconstitutional

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8
Q

Congress is limited on

A

Amendments in the constitution

IMPEACHMENT*

The court only accepts federal cases that involve a federal question

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9
Q

The U.S has what court sytem

A

a dual court system

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10
Q

There are federal courts and each state has its

A

own court system

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11
Q

Both federal and state courts are used for the

A

same thing

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12
Q

Most cases will be heard in

A

state courts

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13
Q

WHAT ARE COURTS USED FOR

A

To settle DISPUTES* (They are lawsuits)

To decide if a person is guilty of committing a crime or not

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14
Q

how many levels are in the federal court system

A

3 levels

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15
Q

what article gives the judicial branch its power

A

article 3

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16
Q

the supreme court created

A

article 3

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17
Q

Congress was given the power to

A

create any other courts if necessary

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18
Q

what is jurisdiction

A

When a case comes up, it has to be decided which court can hear it

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19
Q

what is exclusive jurisdiction

A

If only federal courts can hear the case

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20
Q

what is concurrent jurisdiction

A

If either the state or federal courts can hear the case

21
Q

what level are district courts

A

level 1

22
Q

how many district courts are there

A

94

23
Q

Each district court has a

A

MAGISTRATE JUDGE

24
Q

Issue court orders include

A

search warrants and arrest warrants

25
Q

district courts are the only place where

A

jury trials happen for criminal and civil cases and where lawsuits begin

25
Q

what do district courts do

A

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

26
Q

All federal cases start here because of

A

original jurisdiction

27
Q

steps in the district courts

A

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

28
Q

what level are appellate courts

A

level 2

29
Q

what are some names for appellate courts

A

Federal Appeal Courts
Circuit Courts Of Appeals
Appellate Courts
U.S Courts Of Appeals

30
Q

what type of jurisdiction do appellate courts have

A

appellate jurisdiction

31
Q

do appellate courts have trials

A

no

32
Q

what can appellate courts can and can’t do

A

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

32
Q

what are the steps to an appellate court

A

Three or more judges review the case

They listen to arguments from lawyers on each side

The judges make a decision

33
Q

what can appellate courts do

A

Uphold the original decision

Reverse the decision

Remand the case

34
Q

what does Uphold the original decision mean

A

This means they are saying that you got a fair trial, and that the decision of the district court stands

35
Q

what does Reverse the decision
mean

A

This means they decided that the lower court was wrong and changed the decision. This will happen when new evidence is found

36
Q

what does Remand the case
mean

A

This means that you didn’t get a fair trial and the case goes back to the district court to be tried again

37
Q

how many appellate courts are there

A

13

38
Q

what level is supreme courts

A

3rd and final level

39
Q

how many people are in the supreme courts

A

there are 8 associates and justices and 1 chief justice

40
Q

what is the supreme courts main job

A

to decide whether or not laws are allowable under the constitution

41
Q

Original Jurisdiction is in

A

a small amount of cases

42
Q

Appellate Jurisdiction will

A

listen to select cases on appeal from lower courts

43
Q

do they have to hear all cases brought in

A

no

44
Q

The Supreme Court has final authority in:

A

Any case involving the constitution

Any case involving acts of Congress and executive orders

Anything involving with treaties and other nations

45
Q

Decisions of the court are all commanding in

A

lower courts

46
Q

When the supreme court refuses to hear a case,

A

the decision of the lower courts remain unchanged

47
Q

how many supreme courts are there

A

1