ch 13 Guided Reading Civics

what does a plea bargain usually involve?

admission to a lesser crime

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

adversarial

in an ________________________ trial system, lawyers for opposing sides argue their case and present witnesses and evidence to support their claims while the ________________ and jury listen.

adversarial and judge

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

affected the outcome of the trial

precedents are legal principles created by an __________________ court decision that lower court judges must follow when they decide similar cases.

appellate

federal judges are

appointed by the president and confirmed by the senate

while each military branch has its own court of appeals, the u.s. court of appeals for the ___________________________ hears appeals from these lower appeals courts.

armed forces

state judges are selected by

both election and appointment

how does stare decisis most strengthen the nation's legal system?

by adding stability and predictability

a _____________________ opinion is written when a judge ____________ with the majority outcome but for some different reasons then those in the majority opinion.

concurring and agrees

the constitution provides several guarantees to ensure that trials are fair, and if a __________________________ guarantee is violated, the case can be _______________________.

constitutional and appealed

the 6th amendment guarantees what to the accused?

counsel, jury, and witness

tribal __________, which hear a broad range of both criminal and civil cases, are part of native american tribal ____________________ systems.

courts and justice

cases about crimes such as burglary, murder, or driving under the influence of alcohol or drugs are heard in ______________________________ courts while cases where one party thinks another party should pay for causing harm are heard in ____________________________ courts.

criminal trial and civil trial

hears cases such as burglary, murder, and assault

criminal trial court

the u.s. supreme court has the power to

declare laws unconstitutional

the judicial branch checks other branches of government by

determining laws' consitutionality

state court judges serve limited terms and are selected by popular __________________, election by the legislature, ___________________ by the governor, or a combination of these.

election and appointment

an __________________________ may also occur when a judge permits evidence to be shown to a jury that should not be allowed.

error of law

an ___________________________________ occurs when the judge makes a mistake about the law being applied in the case.

error of law

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

error of law

t/f appeals are possible only in the event of violations of procedural due process.

false

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

false

t/f new evidence and witnesses may be presented in an appeals court.

false

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

false

t/f the legal principle of a stare decisis means that courts often challenge precedent in their decisions.

false

t/f the most significant basis of the american legal system is the roman twelve tables.

false

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.

federal, international, and patent

_________________ trial courts, often called superior, county, or district courts, hear both ______________ and criminal cases.

general and civil

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.

general jurisdiction

what state courts have

general jurisdiction

what are some key functions of law in democratic societies?

in democratic societies, law resolves conflict between and among individuals and groups and protect individuals against the government. it defines criminal acts and determines the punishments for them.

the 5th amendment to the u.s. 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 ____________________________________.

indictment and grand jury

in an ____________________________ system, the _______________________ plays more active role in gathering and presenting evidence.

inquisitorial and judge

why is english common law an important basis of the american legal system?

it is made by judges as they resolve individual cases. our early colonials studied english sources.

what is the rule of law?

it is the central purpose of the courts it to promote this. the idea behind this is that no individual, group, organization, or governmental entity is above the law.

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

judge and jury

the 94 federal __________________________ are divided among 12 __________________________, each of which has a federal court of appeals, or u.s. circuit court.

judicial districts and regional circuits

since trial courts have original _________________________ over criminal cases and civil disputes, most cases are tried in these courts.

jurisdiction

the authority or power of a court to decide a particular kind of case is called ________________________.

jurisdiction

citizens that render a verdict in a case based on evidence

jury

what is the most democratic aspect of a criminal trial?

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.

jury and jury

which individual set a precedent for codifying complex bodies of law?

justinian

how do the three branches of government - the legislative, executive, and judicial branches - work together to establish laws?

laws passed by legislative is enforced by the executive branch then the judicial branch interprets the law.

federal courts have _____________________ jurisdiction, generally hearing cases about ________________ law, the federal constitution, or disputes over state law when the litigants are from different states.

limited and federal

what federal courts have

limited jurisdiction

trial courts can be found at

local, state, and federal levels

the _____________________ opinion is a written opinion stating the decision of the court, while a __________________ opinion is written by judges who disagree with the majority opinion, and it states their reasons for disagreement.

majority and dissnting

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 occurred.

military justice and court-martial

_____________ courts often specialize in specific types of legal issues such as family law, traffic, small claims, and probate.

minor

state courts are generally made up of ____________ courts, general trial courts, and _______________ courts.

minor and appeals

where cases involving city ordinances are decided

municipal courts

a judges error is considered minor as long as it does _________ affect the outcome of the trial, and in such cases the trial court decision will _____ be reversed.

not and not

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

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

trial courts have ____________________________________ because they are where cases are first heard, while courts of appeals and supreme courts have ________________________________________.

original jurisdiction and appelate jurisdiction

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 ______________________________.

out-of-court and plea bargin

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

plaintiff

in a civil trial, the ____________________ accuses the _________________________ of causing damage, while in a criminal trial, the government serves as the prosecutor against the __________________________.

plaintiff, defendant, and defendant

the u.s. supreme court ruling in Texas v. Johnson has served _______________ for later free speech cases.

precedent

federal court judges are appointed by the ___________________ and confirmed by the _________________, and they usually serve until they resign, _____________, or die.

president, senate, and retire

appointed by court to uphold the 6th amendment

public defender

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

questions are brought to them in the form of cases

the main difference between adversarial and inquisitorial systems is in the

role of the court

the basic legal principle that makes the law predictable and leads to stability in our society is called ______________________.

stare decisis

which courts can hear cases involving federal laws?

state and federal courts only

in accordance with the 6th amendment and Gideon v. Wainwright, when a defendant cannot afford a private attorney, the ____________ provides a ________________________________ to represent the defendant.

state and public defender

where most legal cases are decided

state courts

as a result of Hernandez v. 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 is __________________________________.

supreme court and unconstitutional

federal courts can decide questions of state law if

the case involves parties in different states

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

the code of hammurabi categorized crimes and provided 282 examples and their punishments. today we refer to these categories as criminal law, property law, and family law. the ten commandments become a model for ethical laws.

what is judicial independence?

the judicial branch is able to judge impartially, free form influence or pressure from other branches or powers.

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

the power of the courts to say that laws and actions and national, state, or local laws are invalid; and if they are invalid that it goes against the constitution.

how is the judiciary branch checked by others?

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

where cases on reservations are decided

tribal courts

t/f court cases must go through trial courts before they can go to appeals courts.

true

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

true

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

true

t/f the main purpose of the judicial branch of government is to interpret the laws.

true

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

u.s. supreme court

there are no juries or _____________________ in an appeals court and no new ________________ is presented.

witnesses and evidence

what are the steps of a trial?

1. opening statement by plaintiff or prosecutor 2. opening statement by defense 3. direct examination by plaintiff or prosecutor 4. cross-examination by defense 5. motions 6. direct examination by defense 7. cross examination by plaintiff or prosecutor 8. closing statement by plaintiff or prosecutor 9. closing statement by defense 10. rebuttal arguments 11. jury instructions 12. verdict