Semester Beginning Flashcards

notes taken in class

1
Q

What type of court system does the United States have?

A

Dual court system.

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2
Q

What is the difference between federal and state courts?

A

Federal courts handle cases involving federal laws, while state courts handle cases involving state laws.

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3
Q

What’s the hierarchy of state courts?

A

Trial Courts (Superior, County, Municipal), Appellate Courts, State Supreme Court.

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4
Q

What are the three levels of federal courts?

A

District Courts (trial), Circuit Courts of Appeal, U.S. Supreme Court.

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5
Q

What is the role of magistrate courts?

A

Handle minor offenses, preliminary hearings, and other limited functions.

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6
Q

Who determines the salary of state judges?

A

The state legislature

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7
Q

Who determines the salary of federal judges?

A

Congress

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8
Q

Who created the federal court system?

A

The legislative branch (Congress)

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9
Q

What are trial courts responsible for?

A

Determining facts, hearing evidence, and applying the law to reach a verdict.

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10
Q

What types of cases do Superior Courts often handle?

A

Serious felonies, large civil cases, and family law matters.

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11
Q

What is the role of appellate courts?

A

Review lower court decisions to ensure proper law application and protect the defendant’s rights.

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12
Q

What is the highest court in a state?

A

State Supreme Court.

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13
Q

Is a driver’s license a right or a privilege?

A

A priviledge

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14
Q

What are judges?

A

Public officials who preside over court proceedings.

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15
Q

What is the primary role of a judge?

A

To ensure fair and impartial trials.

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16
Q

How do judges ensure fair trials?

A

By remaining neutral and unbiased.

17
Q

What is another key role of a judge?

A

To interpret and apply the law to the specific facts of each case.

18
Q

What is the role of a judge in maintaining order in the courtroom?

A

Overseeing courtroom procedures, controlling the flow of the trial, and ensuring all parties follow legal rules.

19
Q

What is the role of a judge in criminal cases?

A

Determining appropriate punishments for convicted defendants.

20
Q

What are the two primary methods for becoming a judge?

A

Appointment and Election

21
Q

How are federal judges typically appointed?

A

The President nominates them, and the U.S. Senate confirms them.

22
Q

How are many state judges selected?

A

They are elected by the public.

23
Q

What are the types of judicial elections?

A

Nonpartisan elections and partisan elections (candidates from the same political party).

24
Q

What are some limitations on judicial campaigning?

A

Judges cannot campaign in ways that reveal personal opinions or political affiliations that could compromise their impartiality.

25
How does the legislature control the courts?
Through legislative power, budgetary control, jurisdiction, constitutional amendments, and impeachment.
26
How does legislative power allow the legislature to control the courts?
By creating the laws that courts interpret and apply, controlling the funding for courts, and defining the types of cases courts can hear.
27
How can constitutional amendments be used to control the courts?
Legislatures can suggest changes to the state constitution, which can affect how the courts are set up and what powers they have.
28
What is impeachment, and how does it relate to the legislative control of the courts?
The process of removing a public official from office for misconduct. In some cases, legislatures have the power to impeach judges.