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