Chapter 3: The Court System

Historically, a jury consists of how many people? Why do juries not always consist of this amount of people?

-12 people -Rule 48 says no fewer than 6 people and no greater than 12 people in a jury. Because of this STATES set their own laws and can choose how many jurors.

The Supreme Courts judicial power extends to matters involving: (four things)

1. Questions of Federal Law 2. U.S. as a party 3. controversies among the states 4. certain suits between citizens of different states (diversity of membership)

What is the term that refers to the power of a court, at the state or federal level, to hear a case?

Jurisdiction

Is the state supreme court always the highest court?

NO- each state has their own constitution so you have to know how each state is set up

What provides the details concerning procedures to be followed in federal court litigation?

The Federal Rules of Civil Procedure

What three roles do lawyers serve?

-Counselor -Advocate -Public Servant

Some states have one appellate court but more populous states sometimes have two. What are they called and what do they do?

-Courts of appeal: intermediate level, cases for appeal are taken here first -Supreme court: highest court, reviews only very important cases

What is the difference between general and limited jurisdiction?

-General: the power to hear any type of case -Limited: the power to hear only certain types of cases; may be limited as to subject matter, amount of controversy, or area where parties live

What are the key points of the National Federation of Independent Business v. Sebelius case?

-Plaintiffs challenged the constitutionality of individual mandate and Medicaid expansion of the Affordable Care Act -2 issues with the act: Individual mandate and expansion of medicaid -individual mandate- Sebelius fought back with commerce clause and Necessary and Proper clause; both didn't work. Then fought back with taxing and spending (Roberts swung vote left and said taxing was constitutional) -Expansion of Medicaid- if states didn't comply government would take ALL benefits away: found unconstitutional -5-4 vote, Roberts vote based on the tax won, Obamacare stands

What appeals does the special Court of Appeals hear from?

-Special Courts (U.S. Claims Court and Contract Appeals) -Administrative decisions

What is the difference between a trial judge's role and a justices role?

-Trial judges find the facts and determine the law. They observe and apply constitutional limitations and guarantees that deal directly with people in conflict. -Justices are concerned with issues of law (as facts have already been determined at the trial level). They decide an appeal but must give reason as their decision becomes part of our body of law (can affect society)

How many judges are at each level of courts? (trial, appellate, supreme)

-Trial level = 1 judge -Appellate level = 3-5 judges -Supreme level = 7-9 judges

What is Subject Matter Jurisdiction and why is it in place?

-it is the power over the issues involved in the case -helps create order and efficiency

What forces shape the judicial process?

-use existing statutes and precedent -create law where none exists -refuse to apply case law or find unconsitutional

What is required for a review by the U.S. Supreme Court?

-writ of certiorari (ask for permission by losing party) -4 justices have to vote 'yes' for the case to be reviewed

What are the three sources that create and govern state court systems?

1. State Constitution - provides general framework for the court system 2. State Legislature - enacts statutes and adds body to the framework 3. Other legislation - establishes the rules of procedure

How many courts of appeal does Congress have?

12 Courts of appeal PLUS a special Court of Appeals for the Federal Circuit (13)

What amendments guarantee 'trial by jury'?

6th amendment (criminal cases) 7th amendment (civil cases)

Which article of the constitution provides that judicial power be vested in the Supreme Court?

Article 3

What kind of cases does the U.S. Supreme Court usually hear?

Cases involving major constitutional issues or interpretation of federal law

Federal Question Cases

Cases may be based on issues arising out of the U.S. Constitution or out of federal statutes (no $ limit)

T or F: the Grand jury returns verdict for both civil and criminal cases

FALSE: the Grand jury returns a verdict for ONLY civil cases

What two things do federal courts have subject matter jurisdiction over?

Federal question cases and diversity of citizenship cases

What individuals operate courts?

Judges and Justices

What are the three main court personnel?

Judges and Justices, Jurors, and Lawyers

What court with limited jurisdiction, that falls below the trial court, handles much of the litigation between businesses and its customers?

Small-Claims Court

Final judgements of the highest state court are reviewed by the __________

Supreme Court of the U.S.

What is the role of the jury?

They act as a fact-finding body

What is the role of the Appellate Courts?

To review the results of the lower courts

What order is the court system organized?

Trial Court --> Appellate Courts --> Supreme Courts

What are the two types of state courts?

Trial and appellate courts

T or F: Most cases are resolved before trial and even fewer cases before lead to an appeal

True

What is the procedure for requesting a second review called?

Writ of Certiorari - a petition for leave to appeal -less than 5% of all requests are granted

Diversity of citizenship

requires that all plaintiffs be citizens of different states from all defendants in order to guard against state court bias against the nonresident party in a lawsuit (claim must be $75,000+)

What are the federal district courts and how many are there?

the trial courts of the federal judicial system -at LEAST one district court in each state and the District of Columbia (GA has northern, middle, and southern district courts)

What is the petit jury?

the trial jury that returns a verdict in both situations (criminal and civil cases)

What is judicial review?

the ultimate power to review and invalidate actions by the president or the Congress