Judicial System Overview

These flashcards cover the key concepts and terminology related to the judicial system, including case types, court structures, jurisdiction, and Supreme Court processes.

What is the purpose of the legislative branch?

To make laws.

What are the two main types of court cases?

Civil law and Criminal law.

What is the burden of proof in a criminal case?

Beyond a reasonable doubt (95%).

Who is the defendant in a criminal case?

The person charged with a crime.

What must crimes be according to law?

Defined by law.

What is the burden of proof in a civil case?

A preponderance of the evidence (51%).

What is jurisdiction?

The authority given by law to a court to try cases and rule on legal matters.

What is the difference between original and appellate jurisdiction?

Original jurisdiction allows a court to hear a case first; appellate jurisdiction reviews decisions made by lower courts.

What is a jury?

A group of US citizens who hear facts of a case and make a decision on guilt or liability.

How is the U.S. Supreme Court selected?

Justices are nominated by the President and confirmed by the Senate.

What is a precedent?

A rule for how lower courts should decide similar cases in the future.

What is the role of the Supreme Court?

To be the final interpreter of federal law.

What is a judicial opinion?

A written document explaining the judges' decisions.

What is a unanimous decision?

When all 9 out of 9 Justices agree on the decision and reasoning.

What is the process for a case to reach the Supreme Court?

Include steps like Writ of Certiorari, submitting briefs, oral arguments, and justices' conferences.

What does 'filibuster' mean in the context of judicial nominations?

A method for one Senator to delay or prevent a vote on a nomination.

What was the key issue in Marbury vs. Madison?

Judicial review and the authority of the Supreme Court.

What do living constitutionalists believe?

The Constitution's meaning changes over time with social attitudes.