Civics and Economics Chapter 7

What are two examples of cases where the federal courts would have exclusive jurisdiction?

1) Any case that involves the Constitution and federal laws 2) Disputes between states 3) Disputes between citizens of different states 4) Disputes that involve the federal government 5) Accidents or crimes that happen at sea 6) Disputes between US and foreign governments

List and describe the three levels of federal courts.

1) District courts - lowest level of the federal court system; usually have original jurisdiction; they are trial courts and are responsible for determining the facts of a case; they take both criminal and civil cases; in a criminal case, district courts determine guilt or innocence. 2) Circuit courts - between district courts and the US Supreme Court; also called the court of appeals, or the appellate courts; they don't decide on the guilt or innocence of a person in a criminal case, nor do they decide which party should win a lawsuit; instead they have appellate jurisdiction, which means they have the authority to review the fairness of a case appealed from a lower court; finally, lawyers appeal a case when they feel that the district court judge made a mistake, and the appeal is based on how the judge applied the law. 3) US Supreme Court - court of highest appeal; has limited original jurisdiction (cases involving disputes between two or more states, and cases that involve diplomats from foreign countries); in all other instances, the Supreme Court hears cases that have been appealed from the lower courts.

How does jurisdiction differ between district courts and courts of appeal?

1) District courts have original jurisdiction, meaning they have the authority to hear a federal case first. 2) Courts of appeal have appellate jurisdiction, meaning they have the authority to review the fairness of a case appealed from a lower court.

What was the difference between the types of cases heard by district and circuit courts?

1) District courts hear minor civil and criminal cases. They serve as the trial courts for specific geographic areas. The district courts at the lowest level are trial courts 2) Circuit courts are courts of appeal, meaning a person has asked a higher court to review a case.

What are the two main jobs of the judicial branch?

1) Make sure the laws are enforced fairly 2) Interpret the law

How is jurisdiction divided in the dual court system?

1) The federal courts get their powers from laws passed by Congress. 2) The state courts get their powers from state constitutions and laws.

Name the two steps every person must go through before becoming a federal judge.

1) They have to be nominated by the President 2) And approved by the Senate

A civil dispute is a conflict between two sides who feel harmed. List two types.

1) Two private parties 2) A private party and the government 3) The US government and a state or local government

Why did the Framers of the Constitution create a federal judiciary?

1) Under the A of C, the country had no national court system 2) Each state had its own laws and courts 3) Citizens were not guaranteed equal justice in all the states 4) The Constitution established the federal judiciary to solve these problems

opinion

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

dual court system

A system with both federal and state courts

How are federal judges chosen?

Article II, Section 2 of the Constitution says that the president appoints all federal judges, but he can only appoint someone with the advice and consent of the Senate. A simple majority in the Senate is needed to approve someone as a judge.

concurrent jurisdiction

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

exclusive jurisdiction

Authority of federal courts alone to hear and decide cases

Why do you think the Senate must give consent to presidential appointments?

Because the Constitution says the Senate must give its consent; it's a check on executive power.

What kinds of cases are heard by the district courts?

District courts hear original civil and criminal cases.

appellate jurisdiction

The authority of a court to review decisions made by lower courts

How does the Constitution define and limit the power of the federal courts?

The federal courts have no powers outside those granted in the Constitution. Powers not expressly granted to the federal government are reserved for the states.

What kinds of rulings do appeals courts make?

They can uphold the results of the trial; they can reverse the results of the trial;, or they can re-manned the case.

ruling

an official decision

jurisdiction

the authority to hear and decide a case

original jurisdiction

the authority to hear cases for the first time

What are the duties of a magistrate judge?

they issue court-orders like search warrants; they hear preliminary or introductory evidence and decided the case should be brought to trial; they decide whether the people under arrest should be held in jail or released on bail; they also maybe appointed as judges in minor cases