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55 Cards in this Set
- Front
- Back
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Name 4 types of Personnel in the Court System.
JJJL |
Judges, Justices, Jurors, and Lawyers.
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What is a judge?
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Judge presides over a trial court.
Trial judge - determines the applicable rules of law to be used to decide the case. o In cases there is no jury, the judge is required to find the facts. o Function of jury is to decide questions of fact. o Trial judges have the primary duty to observe and to apply constitutional limitations and guarantees. |
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What is a justice?
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Justice refers to appellate state court judges and members of the U.S. supreme court.
Justices – do more than just decide an appeal – they often give reasons for their decisions, and these decisions become precedent. Justices must consider the result between the parties as well as the total effect of the decision of the law. o Concerned with issues of law; issues of fact are normally resolved at the trial court level. |
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What is the role of a juror?
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Jury has the role as the fact-finding body.
Trial by jury is guaranteed by the 6th & 7th amendments to the Constitution |
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What is a petit jury? How many individuals are composed of a petit jury?
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Petit jury is a trial jury that returns a verdict in both civil and criminal cases.
It is a trial jury that returns a verdict. 6-12 persons. |
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What 3 roles does a lawyer serve?
CAP |
Counselor, Advocate, and Public Servant.
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Define a lawyer and his or her first duty.
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As the officer of the court, he/she should see that proceedings are conducted in a dignified and orderly manner and that issues are tried on their merits only.
First duty is the Administration of justice. |
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What are the three levels of organization of courts?
TAS |
1) Trial Courts
2) Court of Appeals 3) Supreme Court There are federal courts and state courts. |
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What is subject matter jurisdiction?
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Subject matter jurisdiction is the authority of a court to hear cases involving specific issues of law.
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What is general jurisdiction and limited jurisdiction?
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General jurisdiction - power to hear any case.
Limited Jurisdiction - can only hear limited cases. |
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At which court do lawsuits start in?
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They start at the trial court and the results may be reviewed at one or more of the other two appellate court levels.
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What is a trial court?
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A court responsible for determining both facts and laws of the case.
In trial courts, parties file their lawsuits or complaints seeking to protect their property rights or redress a wrongdoing. Deal with general jurisdiction. |
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True or False: 95% - 98% of all cases are settled or fully resolved at the trial court level.
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True.
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What are the 2 types of appellate courts?
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Court of Appeals and the Supreme Court.
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What is the role of the Court of Appeals?
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They review action. They do not rehear facts.
Known as the reviewing courts. |
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What is the role of the Supreme Court?
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The Supreme Court is the highest state court.
It's role is discretionary - it will choose whether or not to hear your case. |
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What is a writ of certiorari?
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Procedure for requesting a second review.
A discretionary proceeding by which an appellate court may review the ruling of an inferior tribunal. |
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How many appeals and trials may a party have?
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Parties are allowed one appeal and one trial, but they may obtain a second review if the higher review court allows it.
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What is a small-claims court?
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A court of limited jurisdiction, falling below the trial court, and is especially important to the business community.
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What types of cases do small-claims courts handle?
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Handles the litigation between businesses and customers.
Small claims courts are used by businesses to collect accounts and by customers to settle disputes with the business community that are relatively minor from a financial perspective. Low court costs and simplified procedures. Deal with cases ranging from $500-$5000. The maximum is $25,000. |
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At which court do lawsuits start in?
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They start at the trial court and the results may be reviewed at one or more of the other two appellate court levels.
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What is a trial court?
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A court responsible for determining both facts and laws of the case.
In trial courts, parties file their lawsuits or complaints seeking to protect their property rights or redress a wrongdoing. Deal with general jurisdiction. The level of any court system that initially resolves the dispute of litigants. Jury is the fact finding body, and the judge issues rulings on the applicable law. |
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True or False: 95% - 98% of all cases are settled or fully resolved at the trial court level.
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True.
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What are the 2 types of appellate courts?
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Court of Appeals and the Supreme Court.
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What is the role of the Court of Appeals?
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They review action. They do not rehear facts.
Known as the reviewing courts. |
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What is the role of the Supreme Court?
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The Supreme Court is the highest state court.
It is the highest appellate court. It's role is discretionary - it will choose whether or not to hear your case. |
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What is a writ of certiorari?
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Procedure for requesting a second review.
A discretionary proceeding by which an appellate court may review the ruling of an inferior tribunal. |
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How many appeals and trials may a party have?
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Parties are allowed one appeal and one trial, but they may obtain a second review if the higher review court allows it.
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What is a small-claims court?
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A court of limited jurisdiction, falling below the trial court, and is especially important to the business community.
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What types of cases do small-claims courts handle?
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Handles the litigation between businesses and customers.
Small claims courts are used by businesses to collect accounts and by customers to settle disputes with the business community that are relatively minor from a financial perspective. Low court costs and simplified procedures. Deal with cases ranging from $500-$5000. The maximum is $25,000. |
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Federal Courts jurisdiction is limited to 4 kinds of matters. What are they?
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1) Questions of federal law (dealing with constitution or federal statutes...i.e. Title VII or IX)
2) U.S. as a party 3) Controversies among the states 4) Diversity of citizenship |
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What constitutes a question of federal law?
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Questions of federal law may be issues arising out of the U.S. Constitution or out of federal statutes. Any amount of money can be involved in this case, and it may not be a suit for damages.
o Violations of constitutional rights can be filed as a federal question case. Civil actions may involve matters based on federal laws such as those dealing with patents, copyrights, trademarks, taxes, or employment discrimination. Questions about the Bill of Rights also apply. |
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What constitutes dual citizenship case?
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Dual Citizenship requires that all plaintiffs be citizens of different states from all defendants.
If a case involves two different parties who have citizenship of the same state, there will be no diversity of citizenship and thus no federal jurisdiction. It is the citizenship of the party in the case that determines whether diversity of citizenship exists. If both parties are from the same state, state has jurisdiction and state laws apply; only when parties are from different states with different laws will federal jurisdiction apply. |
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Does dual citizenship apply to corporation? Name two areas where corporations are citizens of.
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1) Place of Incorporation
2) Principal place of business. |
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What are district courts?
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The federal district courts are the trial courts of the federal judicial system.
There are atleast 1 in every state. |
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What are considered subject matter jurisdiction for district courts?
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The subject matter jurisdiction for district courts is same as those for the federal courts.
They have the authority to review lawsuits, receive evidence, evaluate testimony, and impanel juries, and resolve disputes. |
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In what court does the most significant federal litigation begin?
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District courts.
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Define the Federal Rules of Civil procedure.
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The federal rules of civil procedure provide the details concerning procedures to be followed in federal court litigation.
These rules are strictly enforced by the courts and must be followed by the parties in every lawsuit. |
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True or False: Under its constitutional authorization, Congress has created 12 U.S. Courts of Appeal plus a special Court of Appeals for the Federal Circuit as intermediate appellate courts in the federal system?
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True.
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What number judicial circuit court is GA in?
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11th.
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How does your case reach the U.S. Supreme Court?
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You must petition a writ of certiorari.
A request by the losing party in the court of appeals for permission to file an appeal with the U.S. Supreme. |
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How many supreme court justices must vote yes for the petition to be granted?
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4.
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In what types of cases are writ of certiorari's granted?
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Only granted in cases of substantial importance, or where there is conflict between decisions of two or more U.S. Circuit Courts of Appeal in an important area of the law that needs clarification.
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What is the 9th court of appeals known as? What type of philosophy does it tend to have (Judicial Activism or Restraint)?
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Known as wayward child.
Supreme court is more likely to review and reverse a decision rendered by the 9th circuit court of appeals. 9th is attributed to the philosophy of judicial restraint. |
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What circuit court of appeals is known as more conservative and consistent with the philosophy of judicial restraint?
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The Fourth Circuit Court of appeals.
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True or False: Federal District courts and courts of appeals can retry, review, and correct judicial errors charged against a state court.
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False;
Fed district courts and court of appeals cannot review, retry, or correct judicial errors charged against a state court. Highest state court judgments are reviewed only by the Supreme Court. |
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Who has the power to choose a supreme court justice?
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• The U.S. Constitution gives the president the power to appoint federal judges, including Supreme Court justices, subject to the advice and consent of the U.S. senate.
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Decide whether the following are liberal or conservative or moderate:
1) Judicial Activism 2) Judicial Restraint 3) Supreme Court Justices: Stevens, Souter, Ginsburg, and Breyer 4) Supreme Court Justices: Roberts, Scalia, Thomas, Alito 5) Kennedy |
1) Liberal... "left wing"
2) Conservative "right wing" 3) Liberal 4) Conservative 5) Moderate. |
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What is the most significant power of the courts?
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The power of judicial review. It is the ultimate power to invalidate actions by the president or congress.
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True or False: Statutes are subject to judicial review?
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True;
Statutes are subject to Judicial Review, which is the power of the judiciary to review laws and to declare them to be unconstitutional & void. |
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Define the view of Judicial Restraint.
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View that the power of judicial review should be used sparingly.
Great deference is given to the judicial process. Judicial review should not be used except in unusual cases. |
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Define Judicial Abstention.
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Judicial Abstention is the philosophy of judicial restraint (also known as strict constructionism).
Belief that the Constitution should be interpreted in light of what the Founding Fathers intended. Advocates place great weight on the debates of the constitution and the language. Judicial Abstention: = courts should decide only those matters they must to resolve actual cases and controversies before them i.e. focus on the facts, not changing the law |
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True or False: Judicial restraint follows precedent.
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True; it is a more conservative line of thinking.
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Define the view of Judicial Activism.
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Judicial Activism = power of judicial review should be used whenever the needs of society justify its use.
Belief that courts play a major role in correcting wrongs of society. |
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True or False: Judicial activism supports the belief that constitution should be interpreted within the context of contemporary society and that the meaning of the Constitution is relative to the times in which it is being interpreted.
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True;
- believe that courts, and especially the supreme court, sit as a continuing constitutional convention to meet the needs of today. - Believe that justices must examine for themselves the great issues facing society and then decide these issues in light of contemporary standards; otherwise we are governed by the dead or by people who are not aware of all of the complexities of today’s problems. |
