Judicial Structure
Who appoints a Supreme Court Justice? What body confirms this?
The President/Executive Branch. The Senate confirms it.
What is the Supreme Law of the Land?
What is the primary purpose of the Judicial Branch?
To interpret the law.
What are the THREE parts of the Criminal Justice System?
Police, Courts, and Corrections.
How long can a Supreme Court justice serve for?
What are the THREE main levels of the federal court system? List in order with the highest power being on top.
1. US Supreme Court
2. Court of Appeals/Appellate Courts
3. District/Trial Courts
This principle enabled the courts to be responsible for determining if acts of Congress/Executive violate the Constitution.
Judicial Review
An appellate opinion of one or more judges which disagrees with the reasoning stated in the majority or plurality opinion and, consequently, with the result reached in a case.
Dissenting Opinion
What is the Corrections Department responsible for doing?
Punishing and/or rehabilitating criminals.
Who was the first Chief Justice of the U.S.? Who appointed him?
John Jay; George Washington appoints.
What article in the constitution is the Judicial Branch under?
Article III
What is a power of the Judicial Branch over the Executive Branch?
To interpret the constitutionality of their actions and laws.
In the supreme court, how many justices are required to agree for an APPEAL to be heard?
Four out of Nine judges.
Crimes like Murder, Arson, and Assault can be classified as a _ offense.
Felony offense.
Which case established the precedent for the Supreme Court to determine whether or not a law is unconstitutional?
Marbury vs. Madison
What is a legislative court? Name two legislative courts.
- Courts that help carry out congressional functions/Specialized courts to said duties.
US Court of Appeals for the Armed Forces
US Court of Appeals for Veterans Claims
US Court of Federal Claims
US Tax Court
Territorial Courts
Courts of District of Columbia
Court of International Trade
This amendment protects individuals from any excessive punishments or bail.
8th Amendment
How is a plea bargain done?
The defendant pleads guilty to a lesser charge for a lighter sentence.
Traffic violations are examples of a violation of a _ law.
Statutory Law.
What amendment did the Escobedo vs. Illinois case connect to? What is one thing the amendment specifies?
6th Amendment; Right to counsel/witness/speedy trial
Where do court cases that have been appealed generally go to?
A higher court or federal court.
What must the Supreme Court grant for a case to reach it? How many judges must vote to hear the case?
- Writ of Certiorari; 4 judges to grant it.
Define Stare Decisis. What principle does it rely on for it to exist?
Let the decision stand/to stand by things decided, courts and judges should honor decisions, rulings, and opinions from prior cases. It adheres to the Precedent.
List the legal process in order. The first order being on top.
1st Appearance in Court,
Preliminary Hearing,
Indictment,
Arraignment,
Jury Selection,
Trial,
Verdict,
Sentencing
This statute established the lower court system and created the Supreme Court.
The Judicial Act of 1789.