Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
35 Cards in this Set
- Front
- Back
|
Name the two court systems
|
The federal courts and the state courts
|
|
|
Name the three levels of federal courts from lowest to highest
|
Distict Courts, Courts of Appeal, and the Supreme Court
|
|
|
What do the district courts do?
|
Function as trial and appelate courts. Trial courts hear cases about federal crimes. Appelate courts hear cases from the states
|
|
|
What do Courts of Appeal (also known as Circuit Courts) do?
|
Take cases from district courts
|
|
|
Facts about the Supreme Court
|
It's the highest court. Decisions here are the law of the land. It has 1 chief justice and 8 associate justices
|
|
|
Who is the chief justice?
|
John Roberts
|
|
|
What is Judical Review, and where did it come from?
|
Judicial revies is the power to declare laws unconsitutional. That power is implied in the constitution and first used in Marbury v. Madison (1803)
|
|
|
Name the three courts in the state court system
|
Superior courts, state appellate courts, and state supreme courts
|
|
|
Facts about superior courts
|
usually on a county level. They are trial courts with a judge and jury. Hears criminal and civil cases
|
|
|
Describe criminal cases and civil cases
|
Criminal cases are violent or non-violent cases. Civil cases are about personal disputes, personal injury, etc.
|
|
|
Define plantiff and defendant
|
The plantiff is the one who brings the case. The defendant is the person defending himself.
|
|
|
What's a plea bargain?
|
an agreement to plead guilty to a lesser charge in return for a reduced sentence.
|
|
|
Name the two kinds of damages in civil cases
|
Comepnsatory and punitive damages
|
|
|
Define compensatory damages
|
money in return for harm done or loss
|
|
|
Define punitive damages
|
Punishment money. It's an award above and beyond compensatory to make it clear the defendant better not do it again
|
|
|
What's a class action suit?
|
a large number of people bring a case.
|
|
|
When do state appellate courts hear cases?
|
when the defendant loses and appeals OR if there are questsions over legal procedures
|
|
|
What are the three choices that appellate courts have?
|
Reverse the verdict, let it stand, or give a new trial (if procedures weren't followed)
|
|
|
Facts about the state supreme court
|
court of last resort (for state crimes) and decisions are the highest law of the state
|
|
|
What is a jury ane what does it do?
|
A jury is an impartial group of citizens that represent the community. They listen to both sides and weight the evidence.
|
|
|
What does a jury decide?
|
It decides guilty or not guilty. It does not decide innocence.
|
|
|
What does a judge do?
|
A judge is an impartial / neutral referee. The judge decides the punishment based on the limits in the law
|
|
|
What does the prosecution do?
|
tries to prove guilt
|
|
|
Name and describe the three kinds of evidence.
|
Factual/Direct (eyewitness, wiretaps)....Material (fingerprints, weapon)...Circumstantial (evidence from which conclusions are made
|
|
|
Name the sequnces the prosecution uses when presenting its case
|
Describe the crime...describe the motive...tie the defendant to the evidence
|
|
|
Name the strategies the defense uses
|
stress non-guilt...poke holes in prosecution's case...put reasonable doubt in mind of jurors...make witnesses look unsure & unreliable
|
|
|
How are supreme court justices selected?
|
The president nominates them & the senate confirms them
|
|
|
Why doesn't the process of nominating supreme court justices always go smoothly?
|
because: the judges serve for life, their decisions are the highest law of the land, and they shape public policy
|
|
|
What's the only way to get rid of a supreme court justice?
|
Impeach and remove them just like the president
|
|
|
How do most cases reach the supreme court?
|
by appeal.
|
|
|
Facts about rejecting cases:
|
most cases are rejected immediately. Justices can reject them for ANY reason
|
|
|
What is the majority decision?
|
The official opinion of the court
|
|
|
What is the dissenting opinion?
|
Reasons why the minority disagrees with the majority opinion
|
|
|
What is the concurring opinion
|
an opinion written by majority members who want to emphasize certain points.
|
|
|
Once a case is settled...
|
it becomes a precedent (an example) in other cases
|
