civics ch 13

They serve until they die or resign.

How long do federal court judges serve?

plaintiff defendant

In a civil trial, the _____ accuses the _____ of causing damage, while in a criminal trial, the government serves as the prosecutor against the defendant

state public defender

In accordance with the 6th commandment and Gideon v Wainwright, when a defendant cannot afford a private attorney, the _______ provides a ________ ________ to represent the defendant

out of court plea bargain

Most civil cases are settled ___________ and criminal cases rarely go to trial because the prosecutor and the defendant often settle on a pretrial agreement, or _____ _____.

minor appeals

State courts are courts of _______________ _____________ because they hear cases that deal with state or local law, the state or federal constitution, and some federal laws.

indictment grand jury

The fifth amendment to the US constitution requires that before anyone can be tried for a serious crime in federal court there must be an ________ or formal charge of criminal action from a ________ ________

courts justice

Tribal ________ which hear a broad range of both criminal and civil cases, are part of Native American tribal _____ system

Military Justice courts martial

Violations of the Uniform Code of ___________ ___________ (UCMJ) are heard in proceedings called _______ _______ with judges and attorneys drawn from legal officers of the military branch in which the violation occured

it resolves conflict between and among individuals and groups, it protects individuals against government power.

What are some key functions of law in democratic societies?

Armed Forces

While each military branch has its own courts of appeals, the U.S. Court of Appeals for the ________ _________ hears appeals from these lower appeals courts

Appointed by the PRESIDENT confirmed by the SENATE

Who appoints the federal court judges and who confirms them?

jury

although the 6th amendment guarantees the right to trial by _______ in criminal cases, this does not mean that a _______ is required in every case

false

appeals are possible only in the event of violations of procedural due process

public defender

appointed by court to uphold the sixth amendment

supreme court unconstitutional

as a result of Hernandez vs. Texas and other cases, the _______ _________ has made it clear that eliminating a juror solely based on race, ethnicity, or gender in either a civil or criminal trial

the criminal trial

cases about crimes such a burglary, murder, or driving under the influence of alcohol or drugs are heard in

civil trail

cases where one party thinks another party should pay for causing harm are heard in

jury

citizens that render a verdict in a case based on evidence

true

court cases must go through trial courts before they can go to the appeals courts

adversarial

court system in which opposing sides argue their case and present witnesses

appellate jurisdiction

courts of appeals and supreme courts have ______ ________

the cases involves parties in different states

federal courts can decide questions of state law if

appointed by the president and confirmed by the senate

federal judges are

affected the outcome of the trial

for an appeal to have strength and validity, the error of law in the trial court must have

criminal trial court

hears cases such as burglary, murder, and assualt

legislative writes and passes laws executive enforces them judicial interprets them

how do the three branches of government work together to establish laws?

by adding stability and predictability

how does "stare decisis" most strengthen the nations legal system

it was a model for ethical laws

how have the code of hammurabi and the 10 commandments influenced the american system?

the precedent appoints federal judges with the advice and consent of the senate

how is the judiciary branch checked by other branches?

error of law

if the trial court judge instructs the jury incorrectly, then the defendant may appeal the verdict based on

false

in order to make fair decisions without undue influence by outside forces, judges must be elected

inquisitorial system

in this type of system the judge plays a more active role in gathering and presenting evidence

adversarial system

lawyers for opposing sides argue their case and present witnesses and evidence to support their claims while the judges and jury listen

by popular election election by legislature appointment by governor or a combination of these

list the three ways that state court judges that serve limited terms are selected

true

majority and concurrent opinions agree on the decision in an appellate case but disagree on the reason for the decision

false

new evidence and witnesses may be presented in an appeals court

no individual, group, organization or governmental entity is above the law. everyone must obey the law and everyone is held accountable

rule of law

both election and appointment

state judges are selected by

judicial districts regional circuits

the 94 _____ _______ are divided among 12 ______ ________, each of which has a federal court of appeals, or U.S. Circuit Court

judge

the ________ presides over the trial, protecting the rights of all involved and the jury listens to the evidence that is presented in court and gives a verdict based on it

jurisdiction

the authority or power of a court to decide a particular kind of case

false

the earliest known written laws, on which many modern american laws are based, were the ten commandments

determining laws constitutionally

the judicial branch checks other branches of government by

true

the judicial branch has the power to determine whether laws and actions of government comply with the constitution through judicial review

false

the legal principle of "stare decisis" means that courts often challenge precedent in their decisions

role of the court

the main difference between adversarial and inquisitorial systems is in the

true

the main purpose of the judicial branch of governement is to interpret the laws

false

the most significant basis of the american legal system is the roman twelve tables

plaintiff

the party in a civil case that accuses another party of causing damage

counsel, jury, and witness

the sixth amendment guarantees which of the following to the accused

declare laws unconsititutional

the us supreme court has the power to

precedent

the us supreme court ruling in texas v johnson has served as ____________ for later free speech cases

questions are brought to them in the form of cases

to preserve the democratic principles of checks and balances, courts can only decide questions of law if

local, state and federal levels

trial courts can be found at

original jurisdiction

trial courts have _________ because they are where cases are first heard

they generally hear cases about federal law, or disputes over state law when litigants are from different states

what do the federal courts do?

admission to a lesser crime

what does a plea bargain usually involve

limited jurisdiction

what federal courts have

jury

what is the most democratic aspect of a criminal trial?

minor courts

what kind of court specializes in specific types of legal issues such as family law, traffic, small claims, and probate.

they have a LIMITED jurisdiction

what kind of jurisdiction do federal courts have?

original jurisdiction

what kind of jurisdiction do the trial courts have over criminal cases and civil disputes, and most are tried in these courts?

may limit the executive and legislative branches through its ability to declare laws and government actions unconstitutional

what part does judicial review play in the system of checks and balances?

general jurisdiction

what state courts have

municipal courts

where cases involving city ordinances are decided

tribal courts

where cases on reservations are decided

state courts

where most legal cases are decided

US supreme court

which court has the power to overrule the decision of a federal appeals court

state and federal courts only

which courts can hear cases involving federal laws?

Justinian

which individual set a precedent for codifying complex bodies of law

general courts

which kind of court is called superior, county, or district courts, and they hear both civil and criminal cases?

opening statements, examinations, closing statements, jury instructions, verdict

which steps in the trial process are ordered correctly, from first to last?

federal international patent

A U.S. Court of Appeals for the ___________ Circuit hears appeals dealing with specific legal topics such as __________ trade, ______ law, and money claims against the federal government.