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What is the dual court system in the U.S.?
It consists of National Courts and State Courts.
What are the two types of Federal courts created by Congress?
Constitutional courts and Special Courts.
What is the jurisdiction of Federal Courts based on?
Subject matter and parties involved.
What is exclusive jurisdiction?
Only Federal Courts can hear certain cases, such as those involving ambassadors.
What is concurrent jurisdiction?
Cases that can be heard in either federal or state courts.
What is original jurisdiction?
The court where a case is first heard.
What is appellate jurisdiction?
The court that hears cases on appeal.
Who appoints Federal judges?
The President, with confirmation by the Senate.
How long do Federal judges serve?
They are appointed for life, unless impeached.
What is the role of a Clerk in the Federal Court system?
To keep a record of the court's proceedings and custody of the seal.
What is the primary mission of a federal judge?
To hear and decide cases.
How many District Courts are there in the U.S.?
There are 91 District Courts.
What percentage of federal cases are heard by District Courts?
District Courts hear 80% of federal cases.
What types of cases do District Courts have original jurisdiction over?
Both criminal and civil cases.
What is the function of the Courts of Appeals?
To relieve the burden of hearing appeals from the District Courts.
How many Courts of Appeals are there?
There are 12 Courts of Appeals.
What is the Supreme Court known as?
The Court of Last Resort.
What landmark case established the power of judicial review?
Marbury v. Madison (1803).
What is the Rule of Four?
Four of the nine justices must agree to hear a case.
What is a Writ of Certiorari?
An order by the court telling a lower court to send up the record of a case for review.
What is an Amicus Curiae brief?
A document filed by someone not a party to the case, offering information or arguments.
What is the role of the Solicitor General?
The chief lawyer for the U.S. government.
What types of opinions can the Supreme Court issue?
Majority opinion, concurring opinion, and dissenting opinion.
What is the U.S. Claims Court responsible for?
Hearing claims for damages against the U.S. government.
What do Territorial Courts handle?
They sit in territories like the Virgin Islands and Guam.
What is the function of the Court of Military Appeals?
To hear serious court martial convictions.
What does the U.S. Tax Court address?
Civil cases involving disputes over tax laws.
What is Common Law?
A collection of judge-made laws developed over centuries based on previous decisions.
What does Precedence refer to in law?
Deciding new cases with reference to former decisions.
What is Stare Decisis?
A legal principle meaning 'let the decision stand', based on precedence.
Which Article of the Constitution creates the Supreme Court?
Article III.
What is the term length for Supreme Court justices?
They serve for life, as long as they maintain good behavior.
What jurisdiction does the Supreme Court have over ambassadors and ministers?
Original Jurisdiction.
What constitutes treason under Section III of Article III?
Waging war against the U.S. or aiding its enemies, with conviction requiring a confession or testimony from two witnesses.
What was the significance of Marbury v. Madison (1803)?
It established the principle of Judicial Review, allowing the Supreme Court to declare laws unconstitutional.
What did Justice Marshall claim about the Judiciary Act in Marbury v. Madison?
He claimed it was unconstitutional and argued that original jurisdiction did not belong to the Supreme Court.
What are Constitutional Courts?
Courts created by Congress that have the judicial power of Article III and are protected by lifelong terms.
What types of cases do District Courts hear?
Federal crimes, civil suits under federal law, and civil suits between citizens of different states exceeding $50,000.
What is the role of Courts of Appeal?
They have appellate jurisdiction and review final decisions of district courts.
What are Legislative Courts?
Courts created by Congress under Article I, which do not have life terms and can be removed without impeachment.
Who are the participants in the judicial system?
Litigants (plaintiffs and defendants) and lawyers.
What is a Class Action suit?
A lawsuit allowing a small number of people to represent all others similarly situated.
What is the difference between criminal law and civil law cases?
Criminal law involves charges against individuals for violating laws, while civil law involves one person accusing another of violating rights.
What landmark case involved Brown v. Board of Education?
It was a Class Action suit that challenged racial segregation in public schools.
What case established the right to a public defender for those who cannot afford one?
Gideon v Wainwright
What is a plea agreement?
An arrangement in which both lawyers negotiate to resolve a case without going to trial.
What is the fundamental right in the trial process?
The right to trial by jury.
Who may decide the verdict in a trial if a jury is not involved?
A judge.
What role do interest groups like the NAACP and ACLU play in the legal system?
They seek out litigants to represent causes they support.
How does the press influence legal cases?
By sensationalizing cases.
What is the central role of judges in the courtroom?
They guide decision-making based on their background and beliefs.
In a criminal trial, who renders the verdict?
The jury, while the judge sentences.
What is the Dual Court System?
A system consisting of one federal court and one state court.
Under what conditions may a case be heard in either federal or state court?
When citizens of different states sue for more than $50,000.
What does the system of Dual Sovereignty allow?
Defendants may be tried in both federal and state courts for the same offense.
Who nominates federal judges?
The President.
What is required for a judicial nominee to be confirmed?
Confirmation by the Senate.
What tradition influences the selection of lower court judges?
Senatorial Courtesy.
What is the significance of Senatorial Courtesy?
The Senate will not confirm a nominee if the senior Senator from the state objects.
What factors does the President consider when nominating Supreme Court justices?
Political philosophy and ideology.
What happens during the Senate confirmation process for a judicial nominee?
The Senate judiciary committee interviews the nominee and holds hearings.
What percentage of judicial nominees had not been confirmed through 2008?
Approximately 19% (28 out of 148 nominees).
What criteria are used in selecting judges?
Political ideology, party loyalty, and acceptability to the Senate.
Why is it difficult to predict how a judge will rule?
There is no real way of knowing their decisions based on ideology alone.
Who was Ronald Reagan's nominee to the Supreme Court in 1988?
Douglass Ginsburg
What controversial activity did Douglass Ginsburg engage in while a professor?
Used marijuana
What is the 'Litmus Test' in the context of Supreme Court nominations?
A test of ideological purity, often focusing on issues like abortion rights and civil rights.
What is required for the Supreme Court to hear a case?
At least 4 Justices must agree to hear the case (Rule of 4).
What is a 'Writ of Certiorari'?
A request for the Supreme Court to review a lower court's decision.
What do justices receive before a case is heard?
A printed brief containing legal arguments and relevant precedents.
What is the role of Amicus Curiae?
To provide additional information and perspectives to the court from individuals, organizations, or government agencies.
How long are oral arguments limited to in the Supreme Court?
30 minutes for each side.
When do Justices meet to discuss cases?
Wednesday afternoons and all day Friday.
What is the purpose of the conference among Justices?
To discuss cases and share their views without a formal vote.
What is the majority opinion?
The official statement of the court's decision, written by the most senior justice in the majority.
What is a dissenting opinion?
An opinion written by the most senior justice on the losing side of a case.
What is a concurring opinion?
An opinion written by a justice who agrees with the majority decision but wants to add further commentary.
What is judicial implementation?
The process of translating court decisions into actual policy.
What are the two reasons courts are influenced by public opinion?
Justices are appointed based on political ideologies and are aware of media reactions to their decisions.
What is the difference between judicial restraint and judicial activism?
Judicial restraint favors minimal policy-making roles, while judicial activism involves making policy decisions and interpreting the Constitution in new ways.
What is a justiciable dispute?
A dispute that is actual and can be resolved by the courts, as opposed to hypothetical issues.
What is the doctrine of political questions?
A principle that courts avoid settling disputes that should be resolved by other branches of government.
What powers does the President have over the Supreme Court?
The President appoints justices.
How does Congress check the power of the Supreme Court?
By confirming appointments, altering the court structure, impeaching judges, and amending the Constitution.