Civics Chapter 7

Admirality and Maritime Laws

Crimes, accidents, and property at sea

-Uphold the result of the trial -Reverse the result of the trial -Remand the case

What are the three rulings that an appellate court can make?

When a president first submits the name of a candidate to the senators from the candidate's state

What is senatorial courtesy?

Exclusive jurisdiction is the authority of only federal courts to hear and decide cases. Concurrent jurisdiction is the authority of both federal and state courts to hear and decide cases.

What is the difference between exclusive and concurrent jurisdiction?

An opinion is a detailed explanation of the legal thinking behind a court decision in a case. A precedent is a ruling that is used as the basis for a judicial decision in a later, similar case.

What is the difference between opinion and precedent?

To review the fairness of a case appealed from a lower court

What is the purpose of the appellate court system?

Civil Criminal

What two types of cases are heard in federal courts?

1. disputes between 2+ states 2. involves diplomats from foreign countries

What two types of cases does the Supreme Court have jurisdiction over?

U.S. Courts of Appeals/ Appellate Courts

What type of court system is between district courts and the Supreme court?

The Court of Appeals for the Federal Circuit

What was the 13th court of appeal set up for in 1982?

The Supreme Court's term begins the first Monday in October and lasts for 9 months

When does the Supreme Court's term begin? How long does it last?

The Constitution

Where do federal and state court systems get their laws from?

Article 3

Which article of the Constitution created the Judicial Branch?

Federal Court Systems

Which court system hears cases on disputes between states and disputes between people who live in different states?

Parties to a lawsuit, and the court must wait for litigants to come before them

Why are litigants important in the appeals process?

Jurisdiction is the authority to hear and decide a case, but only certain cases. And it places limits on these courts which prevents them from interfering with state courts.

Why is jurisdiction important to the courts?

For crimes or accidents that occurred out at sea

Why were admiralty and maritime laws created?

Judiciary Act of 1789

Gives the Court the power of judicial review for acts of state governments

U.S. Supreme Court U.S. Appellate Court U.S. District Court

How are federal courts organized? (3 types)

For life

How long is a term for federal judges?

94

How many district courts exist?

650

How many federal judges make up the Judicial Branch?

-4 judges are needed to accept a case -the case is placed on a docket once it is accepted

How many justices are needed to accept a case? Where is the case placed once it is accepted?

13

How may courts of appeal exist in the United States?

Constitutional Law

In accordance with the Constitution

Majority Opinion

States facts, ruling, and reasoning; usually done by Chief Justice

Marbury vs. Madison

A Supreme Court case that was won by William Marbury, but ruled against him saying that it was unconstitutional to force Jefferson to give the appointment to Marbury.

Unanimous Opinion

A Supreme Court ruling on a case in which all justices agree in the ruling

Dual Court System

A court system made up of both federal and state courts

Jurisdiction

A court's authority to hear and decide cases

Docket

A court's calendar, showing the schedule of cases it is to hear

Opinion

A detailed explanation of the legal thinking behind a court's decision in a case

Caseload

A judge's or courts workload of cases in a period of time

Appellate Court

A low level court; they do NOT decide guilty or innocence

Precedent

A ruling that is used as the basis for a judicial decision in a later, similar case

Dissenting Opinions

A statement written by a justice who disagrees with the majority opinion, presenting his or her own opinion

Concurring Opinions

A statement written by a justice who votes with the majority, but for different reasons than the others

Appellate Jurisdiction

Authority of a court to hear a case appealed from a lower court

Original Jurisdiction

Authority of a court to hear cases for the first time

Concurrent Jurisdiction

Authority of both state and federal courts to hear and decide cases.

Exclusive Jurisdiction

Authority of only federal courts to hear and decide cases

Brief

A written document explaining the position of one side or the other in a case

Ruling

An official decision by a judge or a court that settles a case and may also establish the meaning of a law

Writ of Certiorari

An order a higher court issues to a lower court to obtain the records of the lower court in a particular case

Subpoena

An order that requires a person to appear in court

Briefs (a written document that explains one side's opinion) are provided to the justices and read over. They are studied and questions are then asked by the justices. The lawyers then provide the oral arguments that last up to 30 mins. The majority of that time is spent with the justices asking their questions.

Explain the process of written and oral arguments in front of the Supreme Court.

Magistrate judges U.S. Attorney Deputies

Name three other court officials that help out with the Judicial Branch.

Litigants

One of the parties involved in a lawsuit

District Court

The lowest level court; determine the facts of the case

Judicial Review

The power of the Supreme Court to say whether any federal, state or local law or government action goes against the Constitution

Stare Decisis

The practice of using earlier judicial rulings as a basis for deciding cases

Tenure

The right to hold an office once a person in confirmed

Nullify

To cancel legally

-Constitution is the supreme law of the land -Constitution trumps any other law - Judicial Branch has duty to uphold the Constitution

What are the three points that came from Marbury vs. Madison?

Each person is presumed innocent until proven guilty

Under the Constitution, every person accused of breaking the law is considered what in terms of guilt?

For determining the facts of a case

What are district courts responsible for determining?

-court can only hear/make rulings on case that come to it- law must be challenged -all cases must be actual legal disputes -can only take cases that involve federal questions -refused to deal with political matters -no resources to enforce decisions

What are some limits placed on the Supreme Court?

-to hear and rule on cases -to choose which cases to hear

What are the duties of a Supreme Court justice?

-facts of a case and the law that applies (basis) -precedents -nation's social atmosphere -justice's views -Stare Decisis -varying views of the court's role -different opinions on concepts

What are the factors that can influence the court's opinion?

-Majority opinion- states facts, ruling, and reasoning (usually done by the Chief Justice) -Concurring opinion- when a justice agrees but for different reason(s) -Dissenting opinion- oppose majority decision -Unanimous opinion- all justices agree

What are the four different types of opinions that the Supreme Court can administer? Define each.

-make arrests -collect fines -take convicted persons to prison -protect jurors -keep order in federal courts -deliver subpoenas

What are the jobs of a Marshall?

-issue court orders -hear preliminary evidence -decide if a case should be brought to trial -decide whether people under arrest should be held in jail or released on bail -serve as judges in minor cases

What are the jobs of a magistrate?

When a judge: -resigns -retires -dies

What are the only reasons that a federal judge can be appointed to office?

None are stated in the Constitution

What are the qualifications of a Supreme Court justice?