The Courts Flashcards
Essential functions and characteristics of courts
Trial: Originating court; resolve questions of fact and law & hear testimony, rule on evidence
Appellate: Resolve questions of law; Review record below of errors of law, fair and impartial resolution; No testimony or new evidence (facts are locked in during trial); Opinions establish precedent
Names of courts in the Federal system
Trial: US District Courts
Intermediate Appellate: US Circuit Courts of Appeal
Court of highest authority: US Supreme Court
Names of courts in the Alaska State system
Trial: District & Superior Courts
Intermediate Appellate: AK Court of Appeals (Criminal only)
Court of highest authority: AK Supreme Court
Specialized trial courts in the Federal system
Bankruptcy, tax, claims and international trade
Court of highest authority on matters of AK law
AK Supreme Court
Court of highest authority of matters of Federal law
US Supreme Court
Role of the trial court
Originating court; hear testimony and facts to make a decision; review laws
Role of the appellate court
Resolve questions of law; Create opinions which become precedent
Various names of state trial courts in the US
Superior Court, Municipal Court, Circuit Court, Supreme Court, Justice of the Peace Court, Magistrate Court, City Court, County Court, Juvenile Court, Domestic Relations Court, Metropolitan Court
Differences between trial and appeal
Trial: hear testimony and get facts
Appeal: review facts gained from trial; no new testimony or facts
Petition for Writ of Certiorari
Order to the lower court to send up a complete record of a case
Appointment process for Federal judges
Appointed by President, confirmed by US Senate. Lifetime appointments
Removal process (impeachment) for Federal judges
If the Judicial Conference finds possible grounds for impeachment, it submits a report to the House of Representatives. Only Congress has the authority to remove an Article III judge. This is done through a vote of impeachment by the House and a trial and conviction by the Senate.
