Government Chapter 8
Explain how original and appellate jurisdiction are different.
Whether a case is heard in state or federal court, the court that first hears it is said to have original jurisdiction. If the case is appealed to a higher court, it then moves to the court that has appellate jurisdiction.
In the system of checks and balances detail one way the judicial branch checks the legislative branch and one way the legislative branch checks the judicial branch.
a. The primary judicial branch plays a key role in the constitutional system of checks and balances. The primary judicial check on the legislative and executive branches is the power of judicial review. The appointment process - involving both the executive and legislative branches - is an important check on the judiciary, giving the people a say, through their elected representatives, on who will be their judges.
courts-martial
hearings held for the trial of military personnel accused of violating military law
marshals
law enforcement officers who provide security and police protection at federal courthouses, transport prisoners, help track down and arrest people accused of crimes, and provide protection to witnesses in federal cases
public defenders
lawyers appointed by the court to represent in criminal trials defendants who cannot afford to hire legal counsel
grand juries
panels of citizens set up to hear evidence of a possible crime and to recommend whether the evidence is sufficient to file criminal charges
concurring opinions
statements by Supreme Court justices who agree with the overall conclusion in the case, but stress some different or additional legal reasoning
dissenting opinions
statements written by Supreme Court justices who disagree with the majority's decision; these opinions do not have a direct legal impact on the case, but they can influence future judgements
majority opinion
the Supreme Court's ruling in a case that is signed by at least five of the nine members of the Court
Original jurisdiction
the authority of a court to be the first court to hold trials in certain kinds of cases
appellate jurisdiction
the authority of some courts to review decisions made by the lower courts
judicial restraint
the concept that a judge should interpret the Constitution according to the Framers' original intentions
judicial activism
the concept that the Constitution should be interpreted more broadly, as an evolving document, something that subsequent generations can interpret consistent with changing values and circumstances
docket
the list of cases to be heard before a court
defendant
the person against whom a complaint is filed
plaintiff
the person making a legal complaint in court
sovereign immunity
the principle that a sovereign government cannot be taken to court unless it agrees to be sued
exclusive jurisdiction
the sole right to hear and decide a certain type of case, depending either on the subject matter of a case or the parties involved
senatorial courtesy
the tradition that a senator from the state as a nominee to a federal district court and same political party as the president can block a nomination for virtually any reason
briefs
written arguments filed by the parties in an appeal
Explain the four factors a president typically takes into account in nominating a federal judge.
Legal Expertise; though the constitution does not require it, most federal judges, whom the Senate must approve. Party Affiliation; presidents usually nominate judges with whom they share a party affiliation. Judicial philosophy; presidents also want to appoint judges who share their judicial philosophy. Opinions of the Senate; the senate must approve any nominee to the federal courts.
The United States has a dual court system. Explain how that system is organized.
The constitution created a dual court system: alongside each state's court system, there is a national court system. It is important to note that state courts hear the vast majority of cases in the US. Their powers flow from state constitutions and state laws.
Detail the three tiered structure of the federal court system set up in the Judiciary Act of 1789
The three tiers were the district courts, circuit courts, and the Supreme court. While the federal judicial system has been altered in various ways over the years, the basic three-tiered structure laid out in the Judiciary Act of 1789 has remained intact.
How many federal court districts are there? How many circuits?
There are twelve federal court circuits and ninety-four court districts.
What are the two main responsibilities of a magistrate judge?
These officials are responsible for overseeing some of the early hearings of a criminal trial when routine matters are carried out. They may also hear misdemeanor and certain civil cases.
Explain the purpose of the federal court of appeals? about how many cases a year does it hear.
They hear cases on appeal from the district courts within their circuit. Each year, the courts of appeal hear about 65,000 cases.
What are the job duties of a US Marshal?
US Marshals provide security and police protection at federal courthouses. Marshals also transport prisoners, help track down and arrest people accused of crimes, and provide protection to witnesses in federal cases.
jurisdiction
a court's authority to hear and decide a case
Bankruptcy
a legal process by which persons who cannot pay money they owe others
misdemeanor
a minor crime
appellant
a person who files an appeal
precedent
an earlier court decision that guides judges' decisions in later cases
writ or certiorari
an order by a higher court seeking review of a lower court
concurrent jurisdiction
cases that fall under jurisdiction of both state and federal courts
Explain how exclusive jurisdiction and concurrent jurisdiction are different.
concurrent jurisdiction refers to cases that fall under both state and federal jurisdiction. the constitution gives federal courts exclusive jurisdiction - the sole right to hear a case - over certain types of cases, depending either on the subject matter of a case or the parties involved.
