Civics, Chapter 15 quiz

docket

the list of cases on a court's schedule

How did Congress create "inferior courts"

By enacting the Judiciary Act of 1789.

What did the Judiciary Act of 1789 do?

This law established a federal judicial system made up of district and circuit courts and specified the kinds of cases the courts could try

What is the judicial system's job?

resolve those conflicts peacefully, in accordance with the law, and in a manner most parties to the conflict will see as just, or fair.

Criminal law

refers to legal measures passed by a legislative body to protect the welfare of society and to provide punishments for those who fail to comply

beyond a reasonable doubt

the legal principle that the evidence presented in a trial must allow for no other reasonable explanation than the one given;

the phrase "guilty beyond a reasonable doubt" is part of the instruction given by a judge to a jury in a criminal case

Civil law

legal measures that govern conflicts between private parties or, occasionally, between a private party and the government

burden of proof:

the obligation in a legal case to prove allegations by presenting strong supporting evidence; in a criminal case this burden rests on the prosecution and in a civil case it rests on the plaintiff

preponderance of evidence:

the idea that the weight of the plaintiff's evidence in a civil trial clearly points to the defendant being at fault

damages

money to compensate for the losses suffered, that the party found liable should pay.

Who is the president in the courtroom?

the judge

What does the judge do?

controls the legal proceedings, from jury selection to sentencing. It is the judge's job to determine whether certain evidence is admissible. Before a jury decides a case, the judge instructs the jurors on how the law should guide them in making their decision.

In a criminal trial, the person accused of a crime is known as

defendant.

The government lawyer or team of lawyers bringing evidence against the defendant does what?

forms the prosecution

person bringing the lawsuit to court is the

plaintiff

what do citizens do in trials?

witnesses for the defense or prosecution and as jurors.

cross-examination:

the questioning of a witness in court by an attorney for the opposing side

jurisdiction

its authority to enforce laws.

how is jurisdiction limited?

jurisdiction is limited by three factors: level in the court hierarchy, geographic reach, and type of case.

original jurisdiction:

a court's authority to hear a case for the first time, before it appears in any other court

appellate jurisdiction:

a court's authority to review decisions made in lower courts

errors of law.

An error of law is a mistake made by a judge in applying the law to a specific case.

Geographic reach.

With the exception of the Supreme Court, courts hear cases that arise within certain geographic boundaries.

general jurisdiction.

This means the court can hear cases covering a variety of subjects.

limited jurisdiction.

This means they specialize in certain kinds of cases

Trial courts of limited jurisdiction.

Local courts that specialize in relatively minor criminal offenses or civil disputes handle most of the cases filed each year

trial courts of general jurisdiction.

General trial courts handle most serious criminal cases and major civil disputes.

Intermediate appellate courts.

courts hear appeals from general trial courts.

Courts of last resort.

these "courts of last resort" convene in the state's capital. Once a state supreme court decides on a case, the only avenue of appeal left is the U.S. Supreme Court.

Judicial election.

method of judicial selection in which the voters choose judicial candidates in a partisan or nonpartisan election

Judicial appointment.

In a handful of states, judges are appointed by the governor or state legislature.

the President selects federal judges and the Senate confirms (or rejects) them

Merit selection and retention elections.

a committee nominates candidates for judgeships based on their merits or qualifications; voters can confirm or reject the appointment in a retention election

retention election

an election in which voters are asked to confirm or reject a judge's appointment to office

District court

Each district court is a trial court with original jurisdiction in its region. District courts are where most cases in the federal system begin.

bench trial

a court case in which a judge, not a jury, decides the outcome

affirmative action:

the practice of making special efforts to admit, recruit, or hire members of disadvantaged groups]

military tribunal

a court in which officers from the armed forces serve as both judge and jury]

senatorial courtesy:

a rule that allows a senator to block the nomination of an official to a federal position, such as a judgeship, in his or her home state

\[blue-slip policy:

the process by which a senator can block the nomination of a federal official, such as a judge, who comes from his or her home state; the blue slip refers to a blue approval form that senators may or may not choose to sign

judicial temperament:

the personal qualities considered important in a judge, such as patience, compassion, and commitment to equal justice

writ of certiorari:

an order from the Supreme Court to a lower court to provide the records of a case the Court has decided to review

legal brief:

a written document drawn up by an attorney that presents the facts and points of law in a client's case

amicus curiae brief:

a legal document submitted to a court by a group not party to a particular case but wishing to influence the court's decision in that case; amicus curiae means "friend of the court"

oral argument:

the phase in a Supreme Court case when attorneys from both sides present their views on the case

stare decisis:

a legal doctrine requiring lower courts to honor rulings made by higher courts

majority opinion:

a document issued by the Supreme Court that states the reasons for its decision as determined by the majority of justices

dissenting opinion:

a document issued by Supreme Court justices who disagree with a Court decision, stating the reasons for their dissent

concurring opinion:

a document issued by Supreme Court justices who agree with a Court decision, but for different reasons than those expressed in the majority opinion

judicial activism:

the principle that the Supreme Court should use its power of judicial review to overturn bad precedents and promote socially desirable goals

\[judicial restraint:

the principle that judicial review should be used sparingly, especially in dealing with controversial issues