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Study Guide!

Study Guide!. a court system made up of both federal and state courts- Dual Court System. authority of both state and federal courts to hear and decide cases -Concurrent jurisdiction. the authority of a court to hear cases for the first time-Original jurisdiction.

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Study Guide!

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  1. Study Guide!

  2. a court system made up of both federal and state courts-Dual Court System

  3. authority of both state and federal courts to hear and decide cases-Concurrent jurisdiction

  4. the authority of a court to hear cases for the first time-Original jurisdiction

  5. an official decision by a judge or a court that settles a case and may also establish the meaning of a law-ruling

  6. one of the parties involved in a lawsuit-litigant

  7. the authority of a court to hear a case appealed from a lower court-Appellate Jurisdiction

  8. a detailed explanation of the legal thinking behind a court’s decision in a case-opinion

  9. a ruling that is used as the basis for a judicial decision in a later, similar case-precedent

  10. to cancel legally-nullify

  11. in accordance with the Constitution-constitutional

  12. an order that requires a person to appear in court-subpoena

  13. the right to hold an office once a person is confirmed- tenure

  14. the power of the Supreme Court to say whether any federal, state, or local law or government action goes against the Constitution-Judicial Review

  15. a judge’s or court’s workload of cases in a period of time-caseload

  16. an order a higher court issues to a lower court to obtain the records of the lower court in a particular case-writ of certorari

  17. a court’s calendar, showing the schedule of cases it is to hear-docket

  18. a written document explaining the position of one side or the other in a case-brief

  19. Describe a concurring opinion: a statement written by a justice who votes with the majority, but for different reasons than the others

  20. Describe an unanimous opinion: a Supreme Court ruling on a case in which all justices agree on the ruling

  21. Describe a dissenting opinion: a statement written by a justice who disagrees with the majority opinion, presenting his or her own opinion

  22. What is the goal of the federal court system- • to treat everyone equally • Equal justice under the law

  23. Explain the power of judicial review- it means that the court can review any federal, state, or local law and decide if it is Constitutional- if they find it unconstitutional they can nullify the law

  24. Which court usually has original jurisdiction?-district courts • The Supreme court has limited original jurisdiction in two cases: disputes between two or more states and disputes involving a diplomat from a foreign country

  25. Which court usually has appellate jurisdiction?-the court of appeals and Supreme Court

  26. What are the three federal courts?-list them from top to bottom: Supreme Court (1 court, has both appellate and limited original jurisdiction), Circuit Court (13, has appellate jurisdiction, appellate court), District Court (94, has original jurisdiction, trial court)

  27. Explain what a magistrate judge does: Issue search & arrest warrants, hear preliminary evidence, and decide whether people who have been arrested should be held in jail or released on bail

  28. How many district courts are there? 94

  29. How many circuit courts are in our country?13

  30. How many judges serve on the Supreme Court? • 9

  31. Which court case established judicial review? Marbury v. Madison

  32. What are the types of cases that a federal court hears? Cases involving the Constitution, cases violating federal law, cases involving foreign government/treaties, cases involving the federal government, crimes, accidents, and property at sea, disputes between states or parties from different states

  33. What is the job of the Supreme Court? • Determine whether laws are allowable under the Constitution

  34. How long do federal judges hold their job? For life

  35. What happens when a Supreme Court finds a law unconstitutional? They nullify it

  36. Define remand: when a court sends the case back to the lower court to be tried agian

  37. What are the duties of justices in the Supreme Court? To hear and rule on cases

  38. What are the three principles of judicial review? 1) The Constitution is the supreme law of the land 2) if there is a conflict between the Constitution and any other law, the Constitution rules 3) the judicial branch ahs a duty to uphold the Constitution, it is able to determine when a law conflicts with the Constitution and can nullify the laws that do

  39. Explain the limits of the Supreme Court: • checks and balances in the Constitution put limits on the federal courts • Courts can only hear and make rulings on cases that come to them • Court will not rule on a law or action that has not been challenged on appeal • All cases taken by the court must be actual legal disputes • Can only take cases that involve a federal question • Traditionally they refuse to deal with political matters • They have no resources to make the government do what it orders or enforce their ruling

  40. What is a key factor in the court’s decision to hear a case? • If the case has merits (involves a key constitutional question) • Often center on amendments or when courts of appeals have made different decisions on the same point of law • They tend to take cases that solve legal rather than political issues

  41. In what cases does the Supreme Court have original jurisdiction? Appellate jurisdiction? • Original: cases that involve disputes between two or more states or diplomates of other countries • Appellate: any federal court case that has been appealed from lower courts (cases dealing with the constitution and federal law, disputes between states and parties from different states, admiralty and maritime law, cases involving the federal government)

  42. Federal crimes: kidnapping, tax evasion, counterfeiting

  43. What must happen for there to be a unanimous opinion? • All judges have to agree on the ruling in the court

  44. What are the qualifications of justices? • There are no legal qualifications or requirements that an individual has to meet to be appointed a judge. Presidents typically appoint people with a similar ideology-Senate has to approve them

  45. What role does Congress have in the appointment of federal judges? • The Senate must approve the judges appointed by the president before they can hold their position in court

  46. Which court in the federal system has jury trials and judges? • District courts

  47. Which two courts in the federal system do not have juries hearing the cases? • Supreme Court • Appellate/Circuit Courts

  48. What type of cases do federal district courts hear? What type of decisions do they make? • District courts hear original civil and criminal cases that are tried by jurdies

  49. What type of cases do federal appellate courts hear? What type of decisions do they make? • They hear cases appealed from the district courts and rule on whether the judges ruled fairly and followed the law properly • Only those found guilty of a crime can appeal a case to a higher court

  50. How can an appellate judge rule on a case? • They can uphold the results, they can reverse the results, they can remand the case

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