Judicial Branch Study Guide

Where do courts settle civil disputes?

Between private parties, a private party and government, or the United States and a state or local government

Who presents evidence?

witnesses

Who delivers a verdict of guilt or innocence?

a jury or judge

What are the rights of the accused?

Right to a public trial and a lawyer. If they cannot afford a lawyer, the court will appoint one. All are innocent until proven guilty. They may ask for an appeal if they think the court made a mistake.

Which case introduced the rights of the accused ?

Gideon v Wainwright 1963

What is the goal of the legal system?

Equal justice under the law. It is difficult to achieve

What federal court hold trials and where lawsuits began?

District courts. Each state has at least oneWHich

What cases do Districts courts hear?

criminal and civil cases

What federal court only involves witnesses and judges?

District courts

What cases do district courts have original jurisdiction on?

federal cases

What jurisdiction do appeals courts have?

appellate jurisdiction

Each of the 12 U.S. courts of appeals covers a particular geographic area called?

circuit

The ______ appeals court, the Court of Appeals for the Federal Circuit, has nationwide jurisdiction.

thirteenth

Appeals courts do not hold ? And Instead?

trials. a panel or judges reviews the case records and listens to arguments from lawyers on both sides.

The three ways a appeals judge may decide on a case?

Uphold the original decision, reverse the decision, or remand the case.

WHat is the main job of the nation’s top court?

Decide whether laws are allowable under the Constitution

What cases does the Supreme Court have original jurisdiction on?

foreign diplomats or a state. All other cases come to the Court on appeal

How does the Supreme Court choose its cases.

based on the writ of certiorari.

What cases does the Supreme Court have final authority on?

Cases involving the constitution, acts of congress, and treaties

How many judges make up the Supreme Court?

Eight associate judges and one chief justice

What type of case will the Supreme court not accept ?

criminal case

What is the court’s main job?

Decide whether laws and government actions are constitutional or allowed by the Constitution through judicial review.

The _____and__ ____ must follow Supreme Court rulings.

executive and legislative branches

How did the Supreme Court get the power of judicial review ?

Through Marbury v. Madison.

What happened in Marbury v. Madison

As President john adams was leaving office, he signed an order making WIlliam Marbury a justice of peace. The incoming president, Thomas Jefferson refused to carry out the order. Marbury took his case to the Supreme Court

Who set forth three principles of judicial review?

Chief Justice John Marshall

What are the three principles of judicial review?

1. The Constitution is the supreme law of the land
2. If a law conflicts with the Constitution, the Constitution rules
3. The judicial branch has a duty to uphold the Constitution. Thus, it must determine when a law conflicts with the Constitution and nullify that law.

The party involved in a case are likely to get a fair hearing because…

The court is removed from politics and the influences of special interest groups.

Who does the court depend on to enforce decisions? And they usually do

The executive branch and state and local officials.

How can Congress get around a court ruling?

Passing a new law, changing a law ruled unconstitutional, or amending the Constitution.

The president’s power to appoint justices and Congress’s power to approve appointments and to impeach and remove justices serve to….

check the power of the court

Can the Supreme Court decide that a law is unconstituional?

No, they can only do this if a law has been challenged in a law court and the case comes to it on appeal. The only accept cases that involve a federal question and not a political question.

Does the Supreme court consider guilt or innocence?

No, they never do

Which court did the Constitution create?

Supreme court

Can the Congress create other courts?

Yes

The two systems of court in the United States are?

The federal court system deals with disputes about laws that apply to the entire US. State court systems, mostly deal with disputes about state laws. Each state has its own court system created by its own state constitution.

What cases do the federal courts hear?

Cases involving federal laws, the U.S. Constitution, or disputes between citizens of different states.

What cases do state courts hear?

involving state laws or the state’s constitution. Also disagreements between citizens of the state. Family matters, accidents, crimes, and traffic violations.

What is the goal of a civil case?

It is not find out whether someone is innocent or guilty, but to decide which side’s version of the story is correct.

The first court to hear a case…

trial court

What is the trial court called in the Federal system…

District court

Trial courts are in both…

federal and state systems

What happens in a trial court?

Lawyers use evidence to try to prove that their client’s side of the story is what really happened

What types of evidence can be used in a trial court?

Almost anything---witnesses, videos, photographs, a letter, a piece of fabric, or a murder weapon.

Jury trial

a group of twelve people listens to the evidence and decides who wins the case. The decision is called the verdict

bench trial

No jury, so the judges give the verdict

Which court is above the trial court?

Appellate court

The federal system and most state systems have two appellate-level courts…

a Court of Appeals and Supreme Court

What are cases thought of going through the court system?

as an elevator

What happens when a case is heard by the Supreme Court?

it has nowhere left to go

What happens when an appellate court makes a decision?

All lower courts must follow that decision in the future when the same issue comes up again.

Trial court

Hears cases for the first time. Reviews evidence to decide who is right.

Court of Appeals

Reviews the trial court decision for error. Decisions must be followed by all trial court

Supreme court

Reviews the appeals court decision for error. Decisions must be followed by all lower courts

How many judges hear a case in the Court of Appeals?

three judges

panel

a group of judges

How do judges decide a case?

majority vote

At ______ level, there is never a jury

appellate

What is a jury’s job

look at evidence and decide what happened.

Does the Supreme court take a lot of cases?

No, they don’t take very many.

Once the Supreme Court has said something is unconstitutional……

That’s it, only the court itself can reverse the decision

What power does the Supreme Court have over….

federal laws.

What power does the state supreme courts have over…..

state laws