AP Gov. Test Notes {Quarter 2} [Judaical]

What is an appellate court?

(Appeals Court) Court of second instance or second instance court; Is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal

What are the two types of Federal courts?

-Constitutional courts -Special courts

What are the two types of cases?

-Criminal Cases -Civil Cases

What is an "opening statement" in a court case?

-Name of case -Names of attorneys -Names of clients -Names of opponents -A Short summary of facts -Overview of the witness(es) -Burden of proof -Conclusion

What two types of jurisdiction does the Supreme Court have?

-Original -Appellate (On Appeal)

What are the 9 types of cases the US Supreme Court can hear?

1. All cases arising under the constitution and laws or treaties of the United States 2. All cases of admiralty or maritime jurisdiction 3. Cases in which the United States is a party 4. Controversies between a state and citizens of another state. (later modified by the eleventh amendment) 5. Controversies between citizens of the same state claiming lands under grants in different states 6.Controversies between citizens of different states 7. Controversies between a state, or the citizens thereof, and foreign states or citizens thereof 8. Controversies between a state, or the citizens thereof, and foreign states or citizens thereof 9. All cases affecting ambassadors or other public ministers

What are the 2 criteria needed for the supreme court to hear a case?

1. The case must come from: a US court of appeals, a court of military appeals, district court, or a state court of last resort 2. The case must involve a federal question. Thus, the case must present questions of federal constitutional law or involve a federal statue, action, or treaty

District Courts hear cases falling into 1 of 3 areas what are the 3 areas?

1. They involve the federal government as a party 2. They present a federal question based on a claim under the US constitution, or a treaty with another nation or federal statue. This is called federal question jurisdiction and it can involve criminal or civil law. 3. They involve civil suits in which citizens are from different states, and the amount of money at issue is more than $75,000

How is the supreme court set up?

8 associate justices and 1 chief justice, whom the president nominates specifically for that position. The size of the court has not been specified by the legislative branch and in the past has changed from 9

How many justices are there currently in the supreme court and who is appoints these justices?

9; and they are appointed by the president

What is a "closing statement" in a court case?

A brief conclusion and last ditch effort to sway the jury to either side depending on who is presenting

What is the Department of Justice?

A cabinet-level agency responsible for enforcing the laws of the United States federal government

What is a civil case?

A case that involves disputes that arise between 2 or more people, between people and companies, or people and government agencies, the plaintiff is usually asking for money because of some type of lose, or property to be returned, or asking the court to permit something to happen

What is a criminal case?

A case that involves person(s) who are charged by the government with a violation of the law

What is a trail court?

A court that determines the facts of the case

What is senatorial courtesy?

A custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee's state, especially from the senior senator of the president's part from that state

What is the only type of federal court that uses a jury?

A district court

What does it mean when a case reaches the Supreme Court by "certificate"?

A lower court is unsure that they know what to do with the case

What is "Writ of Certiorari" in regards to the Supreme Court?

A method of selection that the Supreme Court uses in which the Supreme Court requests the lower courts record of the case in order to make a quicker more informed decision on whether or not they should put the case on their docket

What is strict constructionist?

A philosophy of judicial decision making that posits judges should use their power broadly to further justices. (They take into account personal views)

What is "cross examination" in a court case?

A question of the opponents witness(es); defense and persecution respectively

What is a "direct examination" in a court case?

A questioning of one's own witness(es); defense and prosecution respectively

What type of federal court is the "Court of Appeals for the Armed Forces", as well as what does it concern itself with?

A special court; cases of court-martial-special disciplinary needs of the armed forces

What type of federal court is the "Territorial Court", as well as what does it concern itself with?

A special court; concerns itself with territory that belongs to the United States

What type of federal court is "Tax Court", as well as what does it concern itself with?

A special court; hears civil not criminal cases involving disputes over the application of the tax laws

What type of federal court is the "Court of Federal Claims", as well as what does it concern itself with?

A special court; that hears claims for damages, against the federal government

What is writ of certiorari?

A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretetion. The word "certioari" comes from law Latin and means "to become fully informed". A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it

What is a "Brief" in regards to the legal sense?

A written documentation in which contains either sides evidence and arguments

What is brief?

A written legal argument, usually in a format prescribed by the courts

What is Plea Bargaining?

Admitting guilt in order to for a deal to be accepted of which has been brokered

How does the supreme court decide to hear a case?

After the applications are narrowed through state and federal courts; and then clerks; then the justices listen to briefs and rely on the "rule of 4" to pass them on to hearing

What is Jurisdiction in regards to the American judicial system?

An area of topic/classification in which a court may operate its powers

What does the court of appeals concern itself with?

Appeals mostly from district courts, if found that the law wasn't carried out properly or if the regulatory agency didn't act properly, then the court will send the case back to trial

What is judicial restraint?

Argues that courts should allow the decision of other branches to stand, even when they offend a judges own principles

What is the "Rule of 4" in regards to the Supreme Court?

At least 4 of the 9 judges must agree that the case should be put on the courts docket (calendar)

How are federal judges selected?

By the appointment of the United States, with the approval of the US senate

What do Juvenile courts concern themselves with; and what court system are they part of?

Concerned with people under 18, specifically addressing the special needs and problems of young people; State court system

What do General trial courts concern themselves with and what court system are they part of?

Concerns themselves with the most important civil and criminal court cases; State court system

Who is in charge of the creation of inferior courts to the Supreme Court?

Congress

What is an Intermediate Appellate Courts and what court system are they part of?

Court between trial courts and state supreme courts

What are the legislative courts?

Courts created by Congress under article I of the US constitution whom are subject to deciding on, removal from office and salary reduction.

What did the Supreme Court case of Marbury v. Madison do?

Created judicial review

What is the United States of America's dual court system split into?

Federal and State

What does the "Court of International Trade" concern itself with?

Hears civil cases arising out of tariff and other trade related laws

What are the constitutional courts?

High courts that deal primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are unconstitutional

What happened in the court case Marbury v. Madison?

It established the implied power of judicial review

What did the judiciary act of 1789 do?

It established the three-tiered structure of the federal court system

What is judicial review?

It is the doctrine under which legislative and executive action are subject to review by the judiciary

What is the rule of 4?

It only takes 4 of 9 justices to approve writ of certoirari

What is jurisdiction?

It refers to the types of cases the court is allowed to hear.

Who are federal judges?

Judges who appointed by President and confirmed by the Senate

What do Municipal Courts concern themselves with; and what court system are they part of?

Jurisdiction that is city wide, organized into different divisions, which hear cases of a given kind; part of the State court system

What is the lowest form of court?

Justice of the Peace

What is stare decisis?

Latin for "to study by a decision" In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases

What is amicus curiae?

Latin: "friend of the court" The name for a brief filed with the court by someone who is not a party to the case. (Impartial)

What do Magistrate Courts concern themselves with; and what court system are they part of?

Minor civil cases in a city; part of the State court system

What is Judicial Restraint?

Narrow ruling on cases; thus not active in policy making

What is the process of hearing and deciding a case in front of the Supreme Court?

Oral arguments from lawyers of both sides, then conference of justices followed by their vote, then the chief justice appoints a associate justice to write the opinion of the vote for presentation

What is original jurisdiction?

Refers to the court's authority to hear disputes as a trial court

What is appellate jurisdiction?

Refers to the courts ability to review and/or revise cases already decided by a trial court

What do State Supreme Courts concern themselves with; and what court system are they part of?

State constitutional law and serving as the highest court in the state judicial system; State court system

What is Judicial Activism?

States that a court can make policy in order to correct problems ex: Brown v. Board

What created the Supreme Court?

The Constitution

What is the highest court in the federal court system?

The Supreme Court

How does the supreme court write their opinions?

The chief Justice appoints a justice to write the opinion. Written in strict wording, establishes views and tone of the courts decision, usually wrote to reflect at least 5 of 9 justices' opinions

What is the confirmation process of federal judge?

The constitution gives the power of confirming a Justice to the senate of which is influenced by an investigation of the justice and the lobbying of interest groups

What is the Supreme Courts job?

The final authority in the meaning of the constitution and application of its principles in court cases (decision on whether or not something is "constitutional")

What is the solicitor general?

The fourth-ranking member of the Department of Justice. Responsible for handling nearly all appeals on behalf the US Government.

What is the nomination criteria of federal judge?

The president chooses typically based on their: experience, reward (Friends of president), ideology or policy preferences, pursuit of political support, religion, race/ethnicity/gender

Who is the burden of proof upon in any court case? (At-least initially)

The prosecution

What is "Concurring opinion" in relation to the Supreme Court's decision?

The reason for the majority opinion

What is "Dissenting Opinion" in relation to the Supreme Court's decisions?

The reason for the opinion of the minority

What is "Majority opinion" in relation to the Supreme Court's decision?

The way the court voted on the case

What are special courts, and who creates them?

They are constitutional courts that are created by congress that hear a narrow range of cases

What is the function of the federal court of appeals?

They hear the appeals of federal court decisions

What is the role of clerks for the supreme court?

To perform various tasks ranging from searching arcane facts to playing tennis or taking walks with justices

What does a Justice of the Peace typically concern itself with, and what court system is it part of?

Trying misdemeanors, cases with a few hundred dollars, issuing warrants, holding prelim hearings and often performing marriages; part of the State court system