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American Government Study Guide
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Three-tiered System (FED) #1 District courts
Trial courts where cases start (Lowest Level)
Three-tiered System (FED) #2 Appellate courts
Review decisions from district courts. (Middle Lowest Level)
Three-tiered System (FED) #3 Supreme court
Final authority, settles disputes, interprets the Constitution, and reviews lower court rulings. (Highest Level)
Judiciary Act of 1789
Created the federal court system, establishing district and appellate courts and setting the number of Supreme Court justices.
District Courts
Are the federal trial courts where cases start, handling both civil and criminal matters.
Court of Appeals
Hears appeals from district courts & some federal agencies
12 circuit with a court of appeals in each circuit
Supreme Court
An appellate court
Some original jurisdiction as outlines in the Constitution
Chooses which cases it hears (issues of constitutionally)
Appellate Court
It’s a court that hears appeals and checks if the trial was fair and legally correct.
Appeal
It’s when someone challenges a court’s ruling by taking it to a higher court.
Appellate Courts Can….
Affirm the trail court’s decision, letting it stand
Reverse the decision
Remand the case back to the trail court to start over
Supreme Court Can…
Reviews the appeals court decision for error
Decisions must be follwoed by all lower courts
Court of Appeals can…
reviews the trail court decision for error
Decisions must be followed by all trail courts
Trail Court can…
Hears cases for the first time
Reviews evidence to decide who is right
When more than one judge listens to a case, the group of judges is called a….
Panel
The power of deciding what is constitutional is called…
Judicial Review
Supreme Court (Defined)
It’s the top court that makes ultimate legal and constitutional rulings.
Federal court system
Deals with disputes about laws that apply to the entire United States.
State court systems
Mostly deals with disputes about state laws
Civil
Relating to the rights of citizens
Criminal
Relating to crime
Criminal Case
It’s when a person is tried for committing a crime.
Civil Case
It’s when people or groups go to court to resolve non-criminal issues, like contracts or property.
In trial court, lawyers use ________ to try to prove that their client’s side of the story is what really happened.
evidence
In ____ _____, a group of twelve people listens to the evidence and decides who wins the case.
jury trial
Verdict
It’s the final ruling that decides guilt or liability.
In a ____ ____ there is no jury, so the judge gives the verdict.
bench trial
State Courts
matters of state law
Federal Courts
cases dealing with the Constitution (fed. law)
_______ set up fed. Court system to clarify rulings between state courts & national standard.
Constitution
Jurisdiction
authority to hear & decide a case
Exclusive jurisdiction
sole right to hear a case
Concurrent jurisdiction
Both state & fed
Original jurisdiction
The court that first hears a case
Why is jurisdiction complicated by the nation’s dual court system?
cases sometimes fall under both state & federal jurisdiction
How is jurisdiction determined in the American court system?
State courts hear matters so state law & federal court cases involve the Constitution or federal law
Judge
instruct juries about law, make sure proper trail procedures are followed
Magistrate judges
early hearings, civil cases or minor criminal cases (misdemanors)
Clerks
handle non-judicial tasks, records
U.S Attorney
represents U.S Govt., prosecute individuals
Public defenders
lawyers appointed by court to represent defendants
U.S Marshals
security & policy protection
Jurisdiction of District Courts
cases involving foreign govt. & resident of different states
Federal violations of employment
Grand juries hear evidence
bankruptcy court separate
Purpose of Appellate courts
hears cases on appeal from district courts within their circuit
procedure of Appellate courts
panel of judges review court records & read briefs (relies on facts of original cases, do not retry!)
Burden of proof lies with appellant
Overturned when improper procedures were followed
Appeals court ruling
rulings usually stans
En banc review - larger panel of judges
The Federal Circuit
national appellate jurisdiction (patents, trademarks, govt. contracts, international trade)
What is the path by which a case travels through a court of appeals?
The appellant shows that the original ruling was based on a legal mistake. A panel of judges reviews the trail court record & reads briefs submitted by both sides & may hear oral arguments. The govt. side is then presented. The court makes its ruling. The case may be sent back to district court, or it may undergo review by the U.S. Supreme Court
Purpose of cases
Judge the constitutionality of the law
Settle disputes (weakness of the A/I)
How many justices on the Supreme Court of the United States?
9
Are there qualifications to be federal judge
No
Term of judges
Are there unless they resign or become impeached
Judges are selected how?
Federal judges are nominated by the President and then must be confirmed by the Senate.
What article is the judicial branch covering?
Article III of the U.S. Constitution
Purpose of the judicial branch
Exists to uphold the Constitution and deliver fair justice
Purpose of federal
Exist to apply federal law, protect constitutional rights, and maintain justice nationwide.
Qualifications to become supreme court justice
No official qualifications
Which of the 3-tiered courts are the trail courts?
District Courts = trial courts where cases begin, evidence is presented, and verdicts are given.
Job description of federal district judge
Presides over federal trial courts, oversees civil and criminal cases, interprets federal law, rules on motions, ensures fair trials, and protects constitutional rights. Appointed by the President, confirmed by the Senate, and serves for life.
Process of removing a federal judge
Can only be removed through impeachment by the House of Representatives and conviction by the Senate.
Judicial Review
The power of courts to decide if laws or government actions are constitutional.
Structure of federal court system
District Courts → Appeals Courts → Supreme Court (3-tier system).
Officers of a court
Individuals who help the court function, including judges, clerks, bailiffs, court reporters, and attorneys
Presidential considerations of a nominee
Weigh experience, ideology, politics, confirmability, and diversity when nominating judges
The Constitution says that justice may serve
If they maintain good behavior
Out of more than 7,000 cases the court is asked to hear each term, how many is it able to hear?
About 100
What do the justices, primalry, do with their time when they are not on the bench?
Write opinions
An independent judiciary means that:
Judges are not infuenced by opinions polls or protest marches.
Judges are not influenced by media reports.
Judges do not ask the President or members of Congress how the Court should decide cases.