Civics Chapter 13 (powerpoint, guided reading, and quiz packet)

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

False

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

False

the most significant basis of the american legal system is the roman twelve tables T/F

False

what is the difference between majority opinion, dissenting opinion, and concurring opinion?

MO: a written opinion stating the decision of the court DO: written by the judges who disagree with the majority opinion and it states their reason for disagreement CO: written when a judge agrees with the majority outcome but for reasons different than those in the majority opinion

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

True

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

True

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

U.S. Supreme court

stare decisis

a Latin term meaning "let the decision stand"; refers to the principle that courts should follow precedent

statute

a federal law; a law written by a legislative branch

precedent

a legal principle created by an appellate court decision that lower court judges must follow when deciding similar cases

If the judges are not in agreement with the ruling then.....

a majority opinion and a dissenting opinion will be issued.

reservation

a tract of public land set aside for use by Native Americans, on which most of these groups have their own tribal justice systems

what does a plea bargain usually involve?

admission to a lesser crime

For an appeal to have strength & validity, the error of law in the trial court must have

affected the outcome of the trial

plea bargain

agreement whereby a defendant pleads guilty to a lesser crime than the one with which a defendant was originally charged and in return, the government agreed not to prosecute the defendant for the more serious crime

general trial courts

aka superior, county, or district court hear both civil and criminal cases

Precedents apply to what?

all the courts below the court that rules in the case.

english common law is the most important basis of what?

american legal system

before anyone can be tried for a serious crime n federal court, what must be present?

an indictment from a grand jury

Precedent is an important consideration for what?

appeals court judges.

public defender

appointed by court to uphold the sixth amendment

how are judges assigned?

appointed by the preseident, confirmed by the senate, and they usually serve until they resign, retire, or die

How is a judge appointed?

appointed by the president with the advice and consent of the senate and they usually serve until they resign, retire, or die

prosecutor

attorney who represents the government in a criminal case

public defender

attorney who works for the state and defends people who can not afford a private attroney

original jurisdiction

authority of a trail court to be the first to hear

state judges are selected by

both election & appointment

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

by adding stability & predictability

How is the judicial branch checked?

by the legislative and executive branch

jury

citizens that render a verdict in a case based on evidence

Under the authority of the Constitution, who established the military justice system?

congress

the sixth ammendment guarantees what to the accused?

counsel, jury, and witnesses

adversarial

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

general jurisdiction

courts that are able to hear a wide variety of cases that deal with state or local law, the state constitution, or federal law or the federal constitution

limited jurisdiction

courts that generally hear cases that raise questions about a federal law or the federal constitution

what are precedents?

created by an appellate court decision that lower court judges must follow when they decided similar cases.

the US supreme court has the power to

declare laws unconstitutional

the judicial branch checks other branches of government by

determining laws' constitutionality

concurring opinion

document issued by judges who agree with the majority opinion, but for different reasons than those used to support the majority opinion

dissenting opinion

document issued by judges who disagree with the majority opinion

executive branch

enforces the law

procedural due process

fair administration of justice

what are some contributes to judicial independence?

fair selection of judges fair procedures the power of judicial review and the benefit of an executive branch that will enforce court orders

appeals are possible only in the event of violations of procedural due process

false

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

false

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

false

appointed by the president & confirmed by the senate

federal judges are

indictment

formal charge of criminal action by a grand jury

jury

group of citizens who hear evidence during a trial and give a verdict

grand jury

group that hears charges against a suspect and decides whether there is sufficient evidence to bring the person to trial

the seventh ammendment

guarantees the right to a jury trial for civil cases in federal courts.

the sixth ammendment

guarantees the right to a jury trial for criminal cases in federal and state courts.

U.S. Court of appeals for th federal circuit hears what?

hears appeals dealing with specific legal topics such as international trade, patent law, and money claims against the federal government

criminal trial court

hears cases about crimes like burglary, murder, or driving under the influence of alcohol or drugs

criminal trial court

hears cases such as burglary, murder, & assault

civil trial court

hears cases where one person or group thinks another person or group should pay for causing harm

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

how is the judiciary branch checked by other branches?

error of law

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

plaintiff

in civil trial, the person who brings suit in court

violations of the uniform code of military justice are heard how?

in the proceedings called courts martial, with the judges and attorneys drawn from legal officers of the military branch in which the violation occurred

how is the ruling of the court usually explained?

in written opinion

judicial branch

interprets the law

the judicial branch checks the other two branches by the power of what?

judicial review

what is the most democratic aspect of a criminal trial?

jury

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

justinian

what happens in a adversarial trial system?

lawyers for opposing sides argue their case and present witnesses and evidence to support their claims while the judge and jury listen

trial courts can be found at

local, state, & federal levels

Precedent, or stare decisis do what?

makes the law predictable and provides stability.

state courts are made up of what?

minor courts, general trial courts, and appeals courts

error of law

mistake by a judge as to the appliciable law in case

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

msy limit the executive and legislative branches through its ability to declare laws and government actions unconstitutional

appeals court

no juries or witnesses and no new evidence is presented

what is the rule of law?

no person is above the law and if anyone breaks a law, they should be held accountable if law is violated

unconstitutional

not consistent with a nation's constitution

The sixth amendment guarantees which of the following to the accused?

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

trial courts--------- court of appeals and supreme court---------- state courts----------

original jurisdiction appellate jurisdiction general jurisditon

Cases start in courts with WHAT? and may be appealed to courts with WHAT?

original jurisdiction appellate jurisdiction

where are most civil cases settled?

out of court

defendent

person against whom a civil or criminal suit is brought in court

what is the process for a judge to sentence someone?

person has to be arrested and prosecuted for the crime.

judicial review

power of the supreme court declare laws and actions of local, state, or national governments unconstitutional

the US supreme court ruling in Texas v Johnson has served as ________ for later free speech cases

precedent

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

questions are brought to them in the form of cases

juries must do what?

reflect the diversity of the community in which the trial is held.

the fifth ammendment

requires a grand jury indictment before trial in a federal court for a serious crime.

what are some key functions of law in democratic societies?

resolves conflict between and among individuals and groups, protects individuals against government powers, defines the criminal acts and the punishments

the main difference between adversarial & inquisitorial systems is in the

role of the court

roman law spread what?

roman empire

law

set rules and standards by which society governs itself

court-martial

similar to criminal trials, but consists of judges and attorneys drawn from legal officers of the military branch in which the violation occurred

why do we vote for elected representatives (who then write our laws?)

so that every person can have a free and equal opportunity to pursue individual goals and desires. and that one person's pursuit of happiness does not infringe upon another's.

minor courts

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

which courts can hear cases involving federal laws?

state & federal courts only

majority opinion

states the decision of the court

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

ten commandments: model for ethical law hammurabi: criminal, property, and family law

Jurisdiction in the court system refers to what?

the authority of a court to decide a particular kind of case.

what happens If a constitutional guarantee is violated

the case can be appealed.

federal courts can decide questions of state law if

the case involves parties in different states

what is judicial independence?

the concept that the judiciary needs to be independent

tribal courts

the courts that hear criminal and civil cases operating within the tribal justice system

regional circuit

the divisions under the United States Federal Courts system, grouped into 12 regional circuits, each of which has a federal court of appeals, also called a U.S. Circuit Court

what happens in a criminal trial?

the government serves as the prosecutor against the defendant

what happens in a inquisitorial system?

the judge plays a more active role in gathering and presenting evidence

plainiff

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

what happens in a civil trial?

the plaintiff accuses the defendant of causing damage

why do some criminal cases rarely go to trial?

the prosecutor and the defendent often settle on a pretrial agreement, or plea bargain

if a person cannot afford an attorney then who appoints a public defender to a defender?

the state

How can the judiciary limit the executive and legislative branches?

through its ability to declare laws and government actions unconstitutional.

adversarial system

trail system that is a contest between opposing sides

inquisitorial system

trail system where the judge plays an active role in gathering evidence

where are most cases tried?

trial courts (they have original jurisdiction over criminal cases and civil disputes)

According to the constitution, courts can only decide issues if they are brought to them in the form of cases T/F

true

the judicial branch has the power to determine whether laws & actions of government comply with the constitution through the judicial review

true

the main purpose of the judicial branch of government to interpret the laws

true

impartial

unbiased

even though we have a right to trial by jury, what does this mean?

we are not required a jury

limited jurisdiction

what federal courts have

general jurisdiction

what state courts have

how are appeals possible?

when the losing party can claim that an error of law affected the outcome.

municipal courts

where cases involving city ordinances are decided

tribal courts

where cases on reservations are decided

state courts

where most legal cases are decided

legislative branch

writes the law


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