Judicial Branch Flash Cards

Flash cards from quizlet/wayground and study guide

What is the primary role of the courts?

Courts use the law to settle disputes and to decide the guilt or innocence of people accused of crimes.

What is the authority to hear cases for the 1^{st} time

original jurisdiction

Where in the Constitution is the national Supreme Court and Congress's power to create lower courts established?

Article III of the Constitution establishes the national Supreme Court and gives Congress the power to establish lower federal courts.

Where do lawsuits and trials begin in the federal court system?

In the district court.

What is a court's "opinion"?

A detailed explanation of the decision made by the court.

What are the reasons an appeals court can review a lower court's decision?

1. Legal and Procedural Errors

   • Applied the law incorrectly

   • Used the wrong legal procedure

   • Made a legal error in interpreting the Constitution or a statute

2. Trial Fairness and Evidence

   • Did not give a fair trial (e.g., bias or improper jury instructions)

   • Allowed or excluded evidence improperly

   • Violated the defendant’s rights (e.g., due process violations)

3. Authority and Discretion

   • Abused its discretion (e.g., unreasonable sentencing)

   • Did not have proper jurisdiction

What does a "precedent" offer to other judges?

A precedent gives guidance by offering a model upon which judges can base their own decisions in similar cases.

What are the three ways a Circuit Court of Appeals can decide a case?

1. Uphold

   • Maintain the original decision

2. Reverse

   • Change the original decision

3. Remand

   • Send the case back to the lower court to be tried again

What is the main reason the U.S. Supreme Court hears cases?

The Supreme Court has final authority in any case involving the Constitution, acts of Congress, and treaties with other nations.

What are the three levels of the federal court system?

1. District Courts

   • Lower level; trial courts

2. Circuit Courts of Appeals

   • Middle level

3. Supreme Court

   • Top level

In what situations can Federal Courts judge a case?

1. Constitutional and Federal Law

   • A constitutional right has been violated

   • Federal laws are broken (e.g., kidnapping, tax evasion, counterfeiting)

2. Parties Involved

   • There is a disagreement among states (land disputes)

   • There is a lawsuit between citizens of different states

   • There are disputes involving diplomats

What is the difference between Exclusive and Concurrent Jurisdiction?

1. Exclusive Jurisdiction

   • Only federal courts may hear and decide cases.

2. Concurrent Jurisdiction

   • Both federal and state courts have jurisdiction. This occurs when both state and federal laws are broken or when citizens of different states have a dispute concerning at least \$50,000 .

What are the steps of the Supreme Court's decision-making process?

1. Written Arguments

   • Lawyers prepare a brief explaining their side's position.

2. Oral Arguments

   • Lawyers present a 30 -minute summary of their case.

3. Conference

   • Justices meet in secret to make first decisions; a majority of at least 5 votes decides the case.

4. Opinion Writing

   • The court issues a detailed explanation of the decision.

What is Judicial Review?

The power of the court to review any federal, state, or local law or action to see if it is constitutional; the court can cancel a law if it is unconstitutional.

How many justices are in the Supreme Court and how many votes are needed to decide a case?

There are 9 justices on the Supreme Court, and a majority of at least 5 votes is needed to decide a case.

What is the significance of a precedent in legal decisions?

A precedent is significant because it gives guidance to other judges by offering a model upon which to base their own decisions in similar cases.

What is the significance of a precedent in legal decisions?

It offers a model for future decisions

What is a detailed explanation of the decision called by the courts?

An opinion

Where in the Constitution does it establish a national Supreme Court and the ability for Congress to establish lower federal courts?

Article 111

Where do lawsuits/trials begin in the federal court system?

District Courts

What is Judicial Review?

The Court can review any federal, state, or local law or action to see if it is constitutional.

Which of the following is an example of when Federal Courts can judge a case?

A constitutional right has been violated

When Federal laws are broken

When there is a dispute between states

When there are disputes among diplomats

Appeals Courts can review decisions if people believe what about the lower court's decision? Check all that COULD apply

The lower court judge applied the law incorrectly

New evidence turns up or a citizens rights were violated

The lower court used the wrong procedures

What does it mean to have the authority to hear cases for the 1st time?

Original jurisdiction

What is the main reason the U.S. Supreme Court hears cases?

To address questions about the U.S. Constitution or federal law

What are the three ways the Circuit Court of Appeals can decide a case?

Reversing the original decision

Uphold the original decision

Remand the case by sending it back

What is the difference between Exclusive and Concurrent Jurisdiction?

Exclusive is only for the federal courts to hear/decide. Concurrent is for both state and federal.

What are the 3 levels of the federal court system?

District Courts

Circuit Courts of Appeals

Supreme Court

What does a precedent offer to other judges?

A model for decisions in similar cases

What is the primary role of the courts?

To settle disputes and decide guilt or innocence

What are the steps of the Supreme Court's decision-making process?

Written arguments

Oral arguments

Conferences

Opinion Writing

How many justices are in the Supreme Court? How many votes are needed to decide a case?

9

5