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