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63 Cards in this Set
- Front
- Back
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A trial system between opposing sides or adversaries.
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Adversarial System
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The party that accuses another of a wrong (not necessarily a crime)
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Plaintiff
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The party that is accused of a wrong
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Defendant
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A European method for handling disputes in which the judge plays an active role in gathering evidence and questioning witnesses.
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Inquisitional System
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1. The goal for each lawyer is victory and not necessarily the truth or justice
2. Lawyers may not present “all” the evidence in order to protect their client 3. Not all lawyers are evenly matched in skill 4.The party with the greatest financial resources often has an advantage Fees based on skill and time commitment Lawyers not provided to defendants in a civil case O.J. Simpsons dream team |
4 criticisms of the adversarial system
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All law that does not involve criminal activity such as tort or contract law
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Civil Law
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Deals with the private rights of individuals, groups, or businesses.
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Civil law or Tort law
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One person’s interference with another person’s rights through intent or negligence
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Tort
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All laws that deal with crimes against individuals or society as a whole; punishable by fine, imprisonment, or both
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Criminal law
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Who are the 2 parties involved in a criminal case?
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1. Plaintiff” – the state or federal government representing the public at large
2. “Defendant” – the person being accused of a crime |
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What is the purpose of criminal law?
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To punish the guilty party
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What is the purpose of civil law?
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To compensate the person who has been wronged
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Where do the federal courts get their power from?
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The U.S. Constitution and federal laws
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Where do state courts get their power from?
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From their individual state constitution, state laws, and all power not specifically granted to the federal government
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What are the 3 levels of courts in the federal court system?
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1. Supreme Court
2. Appellate Court 3. U.S. District Court |
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How many U.S. court districts are there in the United States?
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94 districts
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True/False
All 50 states must have at least 1 U.S. District court located within the state. |
True
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How many districts are there in the United States for the U.S. Court of Appeals?
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12 districts
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How are federal judges appointed?
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Nominated by the President and confirmed by the Senate
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How long is the term for a federal judge?
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Term: for life (providing good conduct)
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A courts power to hear a case and make a judgment
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Jurisdiction
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Federal Courts are called “Courts of Limited Jurisdiction” – can only hear 2 types of cases. What are they?
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1. Cases which involve citizens of different states in which the amount exceeds $75,000
2. Cases in which constitutional law is involved, federal laws are violated and treaties made under the authority of the United States |
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An exclusive right granted to an inventor to make, use, and sell their invention for a period of 20 years
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Patent
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An exclusive right that gives authors or originators of literary or artistic productions the right to publish, print, or sell their intellectual productions for a period of time (life of the author + 70 years after death)
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Copyright
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What type of jurisdiction do U.S. District courts have?
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Original jurisdiction
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What type of cases are heard in the U.S. District Courts?
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Both Civil and Criminal cases
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Who is the attorney general for the U.S. District Court located in Cook County?
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Patrick Fitzgerald
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Hears cases on appeal from district courts and certain other federal courts
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U.S. Court of Appeals
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What type of jurisdiction does the U.S. Court of Appeals have?
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Appellate jurisdiction
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What U.S. district court of appeals is Illinois located in?
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7th district
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How many judges are on the U.S. Court of Appeals in each district?
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3 judges
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What type of cases can be appealed?
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Only cases where there is "error of the law" that does not affect the outcome of the case
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What are the steps in filing an appeal?
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1. Losing party files a claim that the trial court made an error of law that affected the case
2.Winning party files a brief attempting to show that the trial court’s decision was right 3. Written briefs should be sufficient for the appellate court to make a decision 4.Oral arguments (if necessary) are brief – usually about 15 minutes per side 5. Appellate court makes its decision |
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What type of case cannot be appealed?
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Criminal Cases in which a defendant is found not guilty cannot be appealed all other cases can be appealed
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Can cases that involve "error of fact" be appealed?
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No
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A court decision on a legal question that guides future cases with similar questions
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Precedent
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An opinion states the decision of the court
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Majority Opinion
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An opinion of a judge that disagrees with the majority opinion
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Dissenting Opinion
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An opinion by a judge that agrees with the majority opinion but for different reasons
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Concurring Opinion
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How many judges serve on the U.S. Supreme Court?
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9 judges
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What is the current make-up of the U.S. Supreme Court?
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6 males; 3 females
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Who is the current chief justice of the U.S. Supreme Court?
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John G. Roberts
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What type of jurisdicton does the U.S. Supreme Court have?
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Both original jurisdiction and appellate jurisdiction
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A formal application to have a lower court decision reviewed by the Supreme Court.
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Petition for Certiorari
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What 2 types of cases does the U.S. Supreme Court have originial jurisdiction?
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1. Cases that involve ambassadors, consuls, and other public ministers.
2. Cases between states |
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In order for a case to be heard by the U.S. Supreme Court, how many of the 9 justices must agree to hear the case?
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4 justices
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What % of cases appealed to the U.S. Supreme Court do they hear?
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1% - 1.5%
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In the Illinois court system, what is the lowest level of courts?
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Circuit Court
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How many circuit court districts are there in Illinois?
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23 circuit court districts
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What type of jurisdiction does the circuit court have in Illinois?
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Original jurisdiction
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What types of cases are heard in the Illinois circuit court system?
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Both civil cases and criminal cases
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How are Illinois circuit judges chosen?
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Election for a six year term
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When running for re-election, how many votes does an Illinois judge need to receive?
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60% who say "yes"
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If a judge is not re-elected in Illinois, who takes his place?
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The Illinois State Supreme Court appoints someone until the next election is held.
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Illinois is divided into how many appellate court districts?
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5 Court of Appeals districts
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How are judges picked to serve on the Illinois Court of Appeals?
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Elected for a term of 10 years
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How many judges serve on the Illinois Court of Appeals?
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3 judges
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What are the 3 types of decisions made by the Illinois Court of Appeals?
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1. Reverse a lower court decision (in whole or in part)
2. Affirm (agree) with the desision of the lower court 3.Remand or send the case back to the lower court for additional proceedings. |
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How many judges serve on the Illinois Supreme Court?
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7 judges
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How are judges chosen to serve on the Illinois Supreme Court?
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Elected for a term of 10 years
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Does the Illinois Supreme Court have to hear all cases appealed to it?
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No
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What 2 types of cases must the Illinois Supreme court hear?
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1. Cases where someone has been given the death penalty
2. All cases that violate the Illinois constitution |
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Who is the current chief justice of the Illinois Supreme Court?
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Thomas L. Kilbride
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