Study Guide Part 5 Flashcards
What is the dual court system?
State and national government share power. The dual court system includes both.
Describe the 3-tiered court system created by the Judiciary Act of 1789.
Three layers:
* First tier - trial and district courts
* Second tier - courts of appeal
* Third tier - SCOTUS
Describe the federal Court of Appeals.
If an error occurs in a trial or during the law, a person can request an appeal which will be reviewed in the higher court.
What is SCOTUS?
The highest court in the land, reviews decisions from lower courts, usually those with national significance or differing verdicts from appeals courts.
How many judges are on SCOTUS?
Nine judges (1 chief, 8 associate).
What happens once a case reaches SCOTUS?
It cannot be appealed any further.
What are the three types of jurisdiction for federal courts?
- Executive subject matter jurisdiction
- Federal question jurisdiction
- Diversity jurisdiction
What created SCOTUS?
The Constitution.
Who created the lower courts?
Congress.
How long can Justices/judges hold office?
Life, assuming good behavior.
What is the difference between a criminal and civil case?
Criminal involves a breach of law (state vs. __) and civil involves a dispute between two people (__ vs. __).
What is a legal precedent?
A principle or rule established in a legal case that becomes authoritative in subsequent cases with similar legal issues or facts.
What is stare decisis?
The legal principle of determining points in litigation according to precedent.
What cases do state courts have jurisdiction over? (List 4-5)
- State law/its constitution
- Most criminal cases
- Traffic violations
- Inheritance
- Family law
What is a civil servant or bureaucrat?
What is the Iron Triangle?
