The Judicial Branch - Courts

Flashcards on the Judicial Branch and Federal Courts

Article III of the Constitution

Article III of the Constitution vested judicial power in one Supreme Court and inferior courts established by Congress and provides life tenure for judges.

Judiciary Act of 1789

Provided for a system of federal courts that would coexist with state courts, but be independent of them.

Role of Congress in the Judicial Branch

Can determine how many judges sit on the court and their salaries.

Criminal Law

The branch of law that regulates the conduct of individuals, defines crimes, and specifies punishments for criminal acts.

Plaintiff (Criminal Law)

The party that brings a case against another in a court of law.

Standard of Proof (Criminal Law)

In criminal cases, the government must prove guilt beyond a reasonable doubt.

Penalties for Criminal Law

Fines, public service, imprisonment, and death.

Civil Law

The branch of law that deals with disputes that do not involve criminal penalties.

Plaintiff (Civil Law)

Applies in civil cases, where the plaintiff is the party that has been legally wronged

Preponderance of Evidence

Standard of proof required in civil cases.

Penalties (Civil Law)

Typically monetary, compensating the plaintiff for a loss and for pain and suffering.

State Courts

Trial courts, courts of appeals, and state Supreme Courts.

Trial Courts

The first court to hear a case.

Role of the Court of Appeals

Ensures that proper legal rules were followed and that the law was properly applied at court.

Role of the State Supreme Court

Deals with issues of the state's constitution, or similar issues that are justified for the court of appeals.

Federal Courts

District courts, court of appeals, and the U.S. Supreme Court.

Federal court cases must involve

Must involve a federal law, treaties with other nations, or the U.S. Constitution.

Supreme Court Justices

The system of equals functions on a seniority basis.

Writ of Certiorari

A court is more likely to grant this when an important civil right or civil liberty is at stake.

Jurisdiction

Refers to the sphere of a court’s power and authority.

Original Jurisdiction

Authority to hear a case initially.

Appellate Jurisdiction

Authority to hear appeals or review jurisdiction.

Dual Court System

Federalism creates systems at the state and federal level that operate at the same time.

Supremacy Clause

State court systems must adapt and conform to standards of the Supreme Court.

Interpreting Laws and the Constitution

The major power of federal courts is interpreting laws and the Constitution.

Judicial Review

Power to declare acts of the president and Congress unconstitutional.

Marbury v. Madison

Judicial review power was established in this court case.

Supreme Court Decision of 1796

Established judicial review by stating “national supremacy demands that state actions comply with federal standards.”

Three Major Roles of the Courts

Protect individual liberty, protect minority rights, and interpret laws and the Constitution.

Texas v. Johnson (1989)

The court ruling protecting flag burning as a form of protected speech under the 1st Amendment.

Brown v. Board of Education (1954)

The court case ruling that segregating children based on skin color is in violation of the 14th Amendment.

Griswold v. Connecticut (1965)

Supreme Court case about a state law that criminalized contraception.

Lawrence v. Texas (2003)

Supreme Court case about a law that criminalized sexual acts for same-sex people.

Standing

Courts cannot initiate action.

Remedy (Judicial Power)

Enforcing a right/addressing some wrong; scope of remedy often limited.

Stare Decisis

Assumption that judges will follow path set down in earlier decisions on similar topics, but are not bound to precedent.

Activism vs. Restraint

Should courts be restrained, reacting to the lead of other branches, or should it make decisions that change policy when justices deem as necessary.