civics ch 13
They serve until they die or resign.
How long do federal court judges serve?
plaintiff defendant
In a civil trial, the _____ accuses the _____ of causing damage, while in a criminal trial, the government serves as the prosecutor against the defendant
state public defender
In accordance with the 6th commandment and Gideon v Wainwright, when a defendant cannot afford a private attorney, the _______ provides a ________ ________ to represent the defendant
out of court plea bargain
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 _____ _____.
minor appeals
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.
indictment grand jury
The fifth amendment to the US 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 ________ ________
courts justice
Tribal ________ which hear a broad range of both criminal and civil cases, are part of Native American tribal _____ system
Military Justice courts martial
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 occured
it resolves conflict between and among individuals and groups, it protects individuals against government power.
What are some key functions of law in democratic societies?
Armed Forces
While each military branch has its own courts of appeals, the U.S. Court of Appeals for the ________ _________ hears appeals from these lower appeals courts
Appointed by the PRESIDENT confirmed by the SENATE
Who appoints the federal court judges and who confirms them?
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
false
appeals are possible only in the event of violations of procedural due process
public defender
appointed by court to uphold the sixth amendment
supreme court unconstitutional
as a result of Hernandez vs. 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
the criminal trial
cases about crimes such a burglary, murder, or driving under the influence of alcohol or drugs are heard in
civil trail
cases where one party thinks another party should pay for causing harm are heard in
jury
citizens that render a verdict in a case based on evidence
true
court cases must go through trial courts before they can go to the appeals courts
adversarial
court system in which opposing sides argue their case and present witnesses
appellate jurisdiction
courts of appeals and supreme courts have ______ ________
the cases involves parties in different states
federal courts can decide questions of state law if
appointed by the president and confirmed by the senate
federal judges are
affected the outcome of the trial
for an appeal to have strength and validity, the error of law in the trial court must have
criminal trial court
hears cases such as burglary, murder, and assualt
legislative writes and passes laws executive enforces them judicial interprets them
how do the three branches of government work together to establish laws?
by adding stability and predictability
how does "stare decisis" most strengthen the nations legal system
it was a model for ethical laws
how have the code of hammurabi and the 10 commandments influenced the american system?
the precedent appoints federal judges with the advice and 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
false
in order to make fair decisions without undue influence by outside forces, judges must be elected
inquisitorial system
in this type of system the judge plays a more active role in gathering and presenting evidence
adversarial system
lawyers for opposing sides argue their case and present witnesses and evidence to support their claims while the judges and jury listen
by popular election election by legislature appointment by governor or a combination of these
list the three ways that state court judges that serve limited terms are selected
true
majority and concurrent opinions agree on the decision in an appellate case but disagree on the reason for the decision
false
new evidence and witnesses may be presented in an appeals court
no individual, group, organization or governmental entity is above the law. everyone must obey the law and everyone is held accountable
rule of law
both election and appointment
state judges are selected by
judicial districts regional circuits
the 94 _____ _______ are divided among 12 ______ ________, each of which has a federal court of appeals, or U.S. Circuit Court
judge
the ________ presides over the trial, protecting the rights of all involved and the jury listens to the evidence that is presented in court and gives a verdict based on it
jurisdiction
the authority or power of a court to decide a particular kind of case
false
the earliest known written laws, on which many modern american laws are based, were the ten commandments
determining laws constitutionally
the judicial branch checks other branches of government by
true
the judicial branch has the power to determine whether laws and actions of government comply with the constitution through judicial review
false
the legal principle of "stare decisis" means that courts often challenge precedent in their decisions
role of the court
the main difference between adversarial and inquisitorial systems is in the
true
the main purpose of the judicial branch of governement is to interpret the laws
false
the most significant basis of the american legal system is the roman twelve tables
plaintiff
the party in a civil case that accuses another party of causing damage
counsel, jury, and witness
the sixth amendment guarantees which of the following to the accused
declare laws unconsititutional
the us supreme court has the power to
precedent
the us supreme court ruling in texas v johnson has served as ____________ for later free speech cases
questions are brought to them in the form of cases
to preserve the democratic principles of checks and balances, courts can only decide questions of law if
local, state and federal levels
trial courts can be found at
original jurisdiction
trial courts have _________ because they are where cases are first heard
they generally hear cases about federal law, or disputes over state law when litigants are from different states
what do the federal courts do?
admission to a lesser crime
what does a plea bargain usually involve
limited jurisdiction
what federal courts have
jury
what is the most democratic aspect of a criminal trial?
minor courts
what kind of court specializes in specific types of legal issues such as family law, traffic, small claims, and probate.
they have a LIMITED jurisdiction
what kind of jurisdiction do federal courts have?
original jurisdiction
what kind of jurisdiction do the trial courts have over criminal cases and civil disputes, and most are tried in these courts?
may limit the executive and legislative branches through its ability to declare laws and government actions unconstitutional
what part does judicial review play in the system of checks and balances?
general jurisdiction
what state courts have
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
US supreme court
which court has the power to overrule the decision of a federal appeals court
state and federal courts only
which courts can hear cases involving federal laws?
Justinian
which individual set a precedent for codifying complex bodies of law
general courts
which kind of court is called superior, county, or district courts, and they hear both civil and criminal cases?
opening statements, examinations, closing statements, jury instructions, verdict
which steps in the trial process are ordered correctly, from first to last?
federal international patent
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.