Judicial Branch

Statute

A law written by a legislative branch of government.

Constitutional Law

Applies to that branch of law dealing with the formulation, construction, and interpretation of constitutions.

Law Clerks

Assist the justices with many tasks, enabling the justices to concentrate on their pressing duties.

Courts of the District of Columbia

Because the District of Columbia is a federal district, Congress has developed a judicial system for the nation's capital.

Does the Supreme Court have original or appellate jurisdiction?

Both

Who are the workhorses of the federal judiciary ?

District Courts

Who elects federal judges?

The President, with the consent of Senate

The Federal Court System consists of?

The Supreme Court and lower federal courts established by Congress.

U.S. Claims Court

a court of original jurisdiction that handles claims against the United States for money damages

Complaint

a legal document filed with the court that has jurisdiction over the problem

How do constitutional courts and legislative courts differ in their jurisdiction?

The legislative courts deal with matters involving congressional powers. Constitutional courts handle federal civil and criminal cases, appeals for such cases, and cases involving tariffs.

Law

The set of rules and standards by which society governs itself.

Common Law

The single most important basis of the American legal system/ Made by judges in the process of resolving individual cases.

Criminal Justice System

The system of state and federal courts, judges, lawyers, police, and prisons that has the responsibility for enforcing criminal law.

information

a sworn statement by the prosecution asserting that there is sufficient evidence to go to trial

Statutory law

a written law set down by a legislature.

Torts

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.

plea bargaining

an agreement through which the defendant pleas guilty to a lesser crime in return for the government not to prosecute them for a higher crime.

summons

an official notice of the lawsuit that includes the date, time, and place of the initial court appearance.

Concurrent Jurisdiction

both federal and state courts have jurisdiction

Litigants

people engaged in a lawsuit

affidavits

written statements to verify or prove statements of fact that have been signed by the witness under oath before a magistrate or notary

Jury

A group of citizens who hear evidence during a trial in order to decide guilt or innocence

Steps in a Civil Case

1. Hire a lawyer 2.Filing a Complaint 3. Pretrial Discovery 4. Resolution Without Trial 5. Trial 6.The Award

Steps in a Criminal Case

1. Investigation and Arrest 2. Initial Appearance 3. Preliminary hearing or grand jury 4. Plea Bargaining 5. Arraignment and Pleas 6. The Trial 7. The Decision 8. Sentencing

what 3 ways does a Federal Court of Appeals decide on a case?

1. Uphold the original decision 2. Reverse the decision 3. Send the case back to the lower court to be tried again

What is the duty of the chief justice?

1. hearing and ruling on cases 2. presiding over public sessions of the Court 3. exercising leadership in the judicial work of the court 4. administering the federal court system

What things affect the presidents decision in deciding on justices?

1.American Bar Association 2. Special Interest Groups (Civil Right Groups etc..) 3. Other Justices

Federal Courts may also hear cases involving....

1.ambassadors and other representatives of foreign governments 2.two or more state governments 3.the United States government or one of its offices or agencies 4.citizens of different states 5. A state and a citizen of a different state 6.citizens of the same state claiming lands under grants of different states 7.a state or its citizens and a foreign country or its citizens

What 3 decisions are involved in justices choosing a case?

1.deciding which cases to hear from among the thousands appealed to the Court each year 2.deciding the case itself 3.determining an explanation for the decision, called the Court's opinion

How many judicial circuits does the U.S. divided into?

12

Number of states that have their own system of courts

50

How many justices are there?

9

Due Process

A Clause that says that no state may deprive any person of life, liberty, or property without the due process of law

injunction

A court order that forbids a defendant to take or continue a certain action.

Indictment

A formal accusation charging a person with a crime

The Adversary System

A legal system used in the common law countries where two advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case.

mortgage

A loan to pay for a house

Federal Court of Appeals

A person or group that loses a case in a district court may appeal to a federal court of appeals

Contract

A set of Voluntary Promises enforceable by law

Substantive due process

A shorthand of certain rights.

Equity

A system by which disputes are resolved on the grounds of fairness.

Federal Court Jurisdiction

Cases that involve 1.United States laws, including bankruptcy and admiralty or maritime law 2.Treaties with foreign nations 3.Interpretations of the Constitution

What is U.S. Law Based On?

Code of Hammurabi, the Bible (10 Commandments), and Justinian law

Civil Law

Concerns disputes among two or more individuals or between individuals and the government

Judicial Branch

Courts and judges make up the judicial branch of our government. There are three separate court levels in this branch, District Courts, Court of Appeals, and the Supreme Court. The Constitution created the Supreme Court and gave the power of establishing other courts to the Congress.

Constitutional Courts

Courts established by Congress under the provisions of Article III of the Constitution Include: 1.federal district courts 2.federal courts of appeals 3.United States Court of International Trade

Small Claims Court

Courts that hear civil cases commonly dealing with small debts

Family Law

Deals with family disputes

Territorial Courts

Deals with governing overseas territories like Guam and the Virgin Islands

Property Law

Deals with property disputes

Verdict

Decision

What are the 2 systems of courts in the U.S.

Federal Courts and State Courts

Grand Jury

Hears charges against a person suspected of having committed a crime and, if evidence warrants, can issue an indictment

Legislative Courts do what?

Help congress exercise power

misdemeanors

More serious crimes (Vandalism)

Appellate Jurisdiction

If a person who loses a case in a trial court wishes to appeal a decision, he or she may take the case to a court with appellate jurisdiction.

Procedural due process

Involves cases dealing with the way a law is administered. /prohibits arbitrary enforcement of the law.

What did Marbury v. Madison do to the federal court system?

It greatly increased its own power through Judicial Review

What is the term of a federal judge?

Life

petty offenses

Minor crimes (Speeding)

Personal Property

Movable property like jewelry

Discovery

Occurs when both sides prepare for trial by checking facts and gathering evidence to support their case.

Implied Contract

One in which the terms are not expressly stated but can be inferred from the actions of people involved and the circumstances.

Why does the supreme court hear very few cases under its original jurisdiction?

Original jurisdiction of the Supreme court is limited to cases involving foreign governments and states.

What influences the president when choosing federal judges?

Party Affiliation, judicial philosophy, senatorial courtesy, their background?

Defendant

Person being blamed

Plaintiff

Person who complains

Equal Justice Under the Law

Refers to the goal of the American court System o treat all persons alike.

Felonies

Serious crimes (Murder)

Administrative Law

Spells out the authority and procedures to be followed by these agencies, as well as rules and regulations issued by such agencies.

Ordinances

Statutes passed by city councils.

Expressed Contract

Terms specifically stated by the parties, usually in writing

Where do Federal courts derive their power?

The Constitution and federal laws

Jurisdiction

The authority to hear a certain case

Original Jurisdiction

The court in which a case is originally tried is known as a trial court. A trial court has original jurisdiction.

Courts of international Trade

This court has jurisdiction over cases dealing with tariffs.

Duties of Justices

To hear and rule on cases

District Courts

Trial Courts

Reasons to impeach a supreme court justice

Under the Constitution, Congress may remove Supreme Court justices through impeachment for and conviction of "treason, bribery, or other high crimes and misdemeanors.

Checks and Balances

Used to keep the government from getting too powerful in one branch.

Petit Jury

Weighs the evidence presented at a trial in a criminal or civil case and renders a verdict

indictment

formal criminal charge

answer

formal response to the charges in the complaint

Presumed innocence

fundamental protection for a person accused of a crime, which requires the prosecution to prove its case against the defendant beyond a reasonable doubt. This is opposite from the criminal law in many countries, where the accused is considered guilty until he/ she proves his/her innocence or the government completely fails to prove its case.

The Court of Veterans' Appeals

hear appeals from the Board of Veterans' Appeals in the Department of Veterans Affairs.

United States Tax Court

hears cases from citizens who are in dispute with Internal Revenue Service.

Courts of Military Appeals

hears cases involving members of the armed forces convicted of breaking military law.

Real Property

land and non movable pieces of property, like trees and houses.

Supreme Court

the court of last resort in all questions of federal law

Criminal Law

the government charges someone with a crime and is always the prosecution

sentence

the punishment to be imposed on the offender

Riding the Circuit

traveling to hold court in their assigned regions of the country.

hung jury

when the jury cannot agree on a verdict and the court usually declares a mistrial