Judicial Branch Basics
What are the constitutional requirements to serve as a federal judge/justice?
No requirements
What is meant by a court having "jurisdiction"?
the court has the authority to hear and decide the case
What are the 3 courts in the federal Judicial Branch (and in most States)?
1. Supreme Court
2. Court of Appeals
3. District Court
How does the Judicial Branch check the Legislative branch?
By reviewing laws to make sure they are constitutional
A case where the law is broken
Criminal Case
How long are terms for federal judges and Supreme Court Justices?
During Good Behavior (Lifetime term)
A court’s authority to hear any type of case which is not vested in another court; Includes most criminal cases, probate (involving wills and estates), contract cases, tort cases (personal injuries), family law (marriages, divorces, adoptions), etc.
General Jurisdiction (also State Jurisdiction)
What is the purpose of the district courts?
to hear evidence and to decide the case for the first time; they are the trial courts
How does the Judicial Branch check the Executive branch?
to make sure that all actions are constitutional
A case that involves a type of disagreement between individuals
Civil Case
How many justices are in the Supreme Court? What are the two titles for Supreme Court Justices?
9 & Chief Justice and Associate Justices
the power of a court to hear decisions from lower courts and reverse or modify that lower court decision
What is the purpose of the Appellate Courts (Courts of Appeal)?
The power of the court systems to review and determine the constitutionality of acts of government
Judicial Review
What types of cases are held at the district court level?
Civil and Criminal
This entity sets the number of Supreme Court Justices, and has the power to change it.
Congress
Cases arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority. These can only be heard within federal court
Federal Question
How are decisions made in the Appellate Courts and in the Supreme Court?
by majority vote
What is the term for an appeals court or the Supreme Court returning the case to be retried at the lower courts?
remand
Burden of proving the defendant's liability in a civil case; when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true; requires that a claim be more likely true than not
Preponderance of the Evidence
Outline the nomination process for a federal judge or Supreme Court nominee.
1. President nominates a candidate
2. Referred to the Senate for confirmation
3. The Senate Judiciary Committee considers and interviews the nominee
4. The Senate debates the nomination as a whole
5. The Senate votes to confirm or reject the nominee
6. If confirmed, then the nominee is officially appointed to the position
a court’s authority to hear and decide a case for the first time, make findings of fact, and render a usually appealable decision
Original Jurisdiction
Who has the final say about whether or not something is Constitutional?
The Supreme Court
a court decision or a series of court decisions that is considered an authority for deciding subsequent cases involving identical or similar facts, or similar legal issues; requires courts to apply the law in the same manner to cases with the same facts
Precedent
burden of proving the defendant's guilt in a criminal case; burden is on the prosecution; evidence must leave jurors firmly convinced of the defendant's guilt
Beyond a Reasonable Doubt