U.S. Courts Exam 1

judicial federalism

sharing of judicial power between the states and the federal government

cooperative federalism

some lines b/t federal and state power are blurred

CONTROLS THAT ARE CONSTITUTIONALLY AUTHORIZED ARE KNOWN AS:

DIRECT CONTROLS

federal district courts

"entry point" into the federal judicial system

stare decisis

"to stand by things decided"- formal practice of adhering to precedent

14th amendment

- cannot deprive anyone of life, liberty or property w/o and due process - mirrors 5th but applies to states

two types of courts

- civil: resolve disputes b/t private parties - criminal: try suspected offenders over law

direct control

- constitutionally authorized > create courts> define # of judgeships > set rules for federal courts > can limit jurisdiction

Judiciary Act of 1891

- created 13 U.S. Circuit Court of Appeals (Appeals Court) - eased Supreme Court's appellate caseload

Judiciary Act of 1789

- created 2 sets of lower federal courts beneath Supreme Court - divided into 13 judicial circuits w/ a district court in each > 13 divided into 3 districts called circuit courts

original jurisdiction

- establishes whether a court can hear a case from its beginning & judge on the law & facts - trial courts typically have original jurisdiction

common law

- judges made rules and decisions - codified laws are made by Legislative branch, consists of judge made decisions

importance of Constitution

- most significant source of law> place limits on gov. authority> define gov. structure & organization> protects basic rights through CJ process

indirect control

- not constitutionally outlined > voting on judicial appointees > setting

geographic jurisdiction

- organization of courts in distinct geographic regions- only hears cases in geo. jurisdiction

federalism

- power is constitutionally divided b/t a central governing body & various other units

8th amendment

- protection against cruel & unusual punishment - against unreasonable bail (fed. level)

appellate jurisdiction

- some courts only have jurisdiction to review a lower court decision- appeals court

6th amendment

- speedy & public trial requires trials to be open to public - impartial jury - compulsory process (subpoena witness in defense favor) - to be informed about the charges against them - effective counsel

subject matter jurisdiction

- what types of cases individual courts can adjudicate - courts can only preside over cases involving certain subject matter

four main functions of the courts

1) upholding the law 2) protecting individuals 3) resolving disputes 4) reinforcing social norms

What are the 3 distinct elements a court must have?

1. It must have proper legal authority 2. Courts are generally found in the judicial branch 3. Courts are empowered to make decisions that are binding

The 4 levels of State Court Systems

1. Limited jurisdiction Courts 2. Trial Courts 3. Appellate Courts 4. Supreme Courts

The 3 levels of Federal Court Systems

1. Trial Courts 2. Appellate Courts 3. U.S. Supreme Courts

ABOUT HOW MANY CASES DO THE FEDERAL DISTRICT COURTS HEAR IN A YEAR?

100,000

minimum number of judges required to decide on a particular matter in Supreme Court

4 OR 9

WHICH AMENDMENT APPLIES DUE PROCESS TO THE FEDERAL COURT SYSTEM?

5TH

THE ________ AMENDMENT REQUIRES TRIALS TO BE OPEN TO THE PUBLIC.

6TH

HOW MANY FEDERAL DISTRICT TRIAL COURTS ARE THERE TODAY?

94

how many federal district trial courts are there today?

94

IN THE UNITED STATES WE HAVE A ________ THAT SEPARATES FEDERAL AND STATE COURT SYSTEMS.

DUAL COURT SYSTEM

What is law?

A law generally refers to formal rules, principles and guidelines enforced by political authority

THE COURTS ARE _____________ IN NATURE. WHICH MEANS TWO OPPOSING PARTIES PURSUING JUSTICE.

ADVERSARIAL

THE JUDICIARY ACT OF 1891 CREATED THE _____________.

APPEALS COURTS

WHICH ARTICLE OF THE CONSTITUTION CREATED THE INDEPENDENT JUDICIARY AND ALSO PLACED LIMITS ON ITS INDEPENDENCE?

Article III

THE EARLIEST KNOWN EXAMPLE OF A FORMAL WRITTEN LEGAL CODE WAS THE ______.

CODE OF HAMMURABI

AT THE FEDERAL LEVEL, WHO DEFINES THE NUMBER OF JUDGESHIPS?

CONGRESS (LEGISLATIVE BRANCH)

____________ DEFINE GOVERNMENT STRUCTURE AND ORGANIZATION AND PROTECTS BASIC RIGHTS THROUGHOUT THE CRIMINAL JUSTICE PROCESS.

CONSTITUTIONS

What are some early legal codes?

Code of Hammaurabi:- "Eye for an eye" philosophyRoman law and the Twelve Tables:- First secular written legal code- Strong element of retributive justice

AT THE FEDERAL LEVEL, ________ CONTROL IS APPLIED THROUGH THE APPOINTMENT PROCESS.

EXECUTIVE

THE ________ ARE "ENTRY POINT" INTO THE FEDERAL JUDICIAL SYSTEM

FEDERAL DISTRICT COURTS

4th amendment

Freedom from unreasonable searches and seizures specific requirements guiding the warrant process

WHICH TERM DESCRIBES THE SHARING OF JUDICIAL POWER BETWEEN THE STATES AND THE FEDERAL GOVERNMENT?

JUDICIAL FEDERALISM

WHICH TERM REFERS TO THE COURT'S POWER TO REVIEW DECISIONS FROM OTHER LEVELS OR BRANCHES OF GOVERNMENT TO ENSURE THEIR CONSISTENCY, LEGALITY, AND CONFORMITY WITH THE CONSTITUTION?

JUDICIAL REVIEW

THE POWER OF A COURT TO RESOLVE A DISPUTE IS:

JURISDICTION

WHICH IS THE PHILOSOPHY OF LIMITING DECISIONS TO THE FACTS OF EACH CASE, DECIDING ONLY THE ISSUE OR ISSUES THAT NEED TO BE RESOLVED IN A PARTICULAR SITUATION?

Judicial Restraint

federal jurisdiction

Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

What is the current type of law implemented?

Modern legal codes

THE PROPOSAL AT THE CC FOR THE TWO HOUSES OF CONGRESS WAS CALLED THE ______________.

NJ PLAN

THE COURTS HAVE TWO MAIN ROLES, ADJUDICATION AND ________________.

OVERSIGHT

________ OPINIONS ARE AGREED TO BY ALL THE JUDGES AND TEND TO BE SHORT.

PER CURIAM

WHAT TERM REFERS TO A PRIOR ACTION THAT GUIDES CURRENT ACTION?

PRECEDENT

A FACT ASSUMED TO BE TRUE UNDER THE LAW IS KNOWN AS A:

PRESUMPTION

WHO EXERTS CONTROL OVER THE COURTS VIA THE ELECTION PROCESS?

PUBLIC (VOTERS)

Civil Courts

Resolve disputes between private parties

THESE AGENCIES TEST ASPIRING LAWYERS WITH "BAR" EXAMS.

STATE BAR ASSOCIATIONS

THIS COURT HAS ORIGINAL AND APPELLATE JURISDICTION.

SUPREME COURT

COURTS SERVE AS AN AGENCY OF __________ _________.

Social Control

THE FIRST GOVERNING DOCUMENT IN THE UNITED STATES.

THE ARTICLES OF CONFEDERATION

THE FEDERAL COURT SYSTEM IS COMPRISED OF ________ TIERS OF COURTS.

THREE

THE FIRST TEN AMENDMENTS OF THE CONSTITUTION ARE COMMONLY REFERRED TO AS _______.

The Bill of rights

Criminal Courts

Try suspected offenders over law violations

two plans proposed at Constitutional Convention

VA plan (3 branches of gov. & lower level courts) and NJ plan (elimination of lower fed. courts & creation of 2 houses of Congress)

JAMES MADISON DRAFTED A PLAN FOR A NEW NATIONAL GOVERNMENT KNOWN WIDELY AS THE:

VIRGINIA PLAN

two main roles of the courts

adjudication & oversight

per curiam opinion

agreed by all the judges and tend to be short

executive control

control applied through the appointment process at the federal level

Article III

created the independent judiciary and placed limits on its independence

why is federalism important to U.S. courts?

gives states own power to make own laws

5th amendment

grand juries are necessary for indictments (fed level) - protection against self incrimination & self jeopardy - ppl can't be deprived of their rights w/o due process - applies due process to the federal court system> most important

Supreme Court

has original and appellate jurisdiction

adversial

two parties pursuing justice