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| District Court | Stop 1: 94 US district Courts around the country hear both criminal and civil federal court cases. If a person loses a case in district court, he or she may ask that the case be reviewed by a US Court of Appeals |
| Original jurisdiction | supreme court has original jurisdiction when there are trials involving diplomats from foreign countries and cases in which a state is involved;first court to hear a case; district level has original jurisdiction |
| Appellate jurisdiction | Courts with appellate jurisdiction only hear cases that have been brought to them on appeal from a lower court. This means that the case has already gone through one trial before and because the people involved were unhappy with the decision, they took it to another court to see if another judge thinks differently. |
| Appeals Court | Stop 2: Hear appeals from federal district courts. Their job is to determine whether the original trial was fair. These courts may send the case back to the district court for a new trial or uphold the lower court's decision |
| precedent | A judicial decision that may be used as a standard in subsequent similar cases |
| constitutional | judicial review; allowable under the US Constitution |
| judicial review | The court's job is to decide whether laws are officially constitutional |
| Supreme Court | Stop 3: The highest court in the land; decisions by the U.S. Supreme Court are final. The court may uphold the decision and send the case back for another trial; parties who lose their case in the US courts of Apeals have the right to ask the US Supreme Court to hear their case. The Supreme Court is not required to hear every case, so few make it to this level.; doesn't hear criminal cases or preside over murder trials and the only court established by U.S. constitution; all other federal courts are created by congress |
| majority opinion | the legal document stating the reasons for a judicial decision |
| dissenting opinion | an opinion that disagrees with the court's disposition of the case/ the legal document stating the reasons for a judicial decision |
| Justices | Supreme court made up of 9 justices: the Chief Justice of the US and the eight Associate Justices; nominated by the President; confirmed with the "advice and consent" of the senate; justices serve during "good behavior", meaning they are essentially serve for life; they can be removed by resignation, or impeachment by Congress |
| Jury | body of persons sworn to judge and give a verdict on a given matter, especially a body of persons summoned by law and sworn to hear and hand down a verdict upon a case presented in court.; district level has judges and a jury; appellate level has no jury; supreme level has no jury; a trial with no jury is called a bench trial |
| Affirm | To declare solemnly and formally but not under oath./ To declare positively or firmly; maintain to be true. |
| Remand | To send back (a case) to a lower court with instructions about further proceedings. |
| Exclusive jurisdiction | Only one court can hear the case |
| Concurrent jurisdiction | Multiple courts can hear the case |
| Docket | A brief entry of the court proceedings in a legal case. |
| Brief | A document containing all the facts and points of law pertinent to a specific case, filed by an attorney before arguing the case in court. |
| Concurring opinion | an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasoning |
| Stare decesis | s a legal principle by which judges are obliged to respect the precedents established by prior decisions. |
| Bureaucracy | Agencies below the cabinet:3 million workers; functions: decide how to apply laws to daily life, monitor and administer the daily operations of the federal government(deliviering mail, sending out social security checks), act as regulators (broadcasting companies, labor unions, airlines |
| Joint Chiefs or Staff | a body of senior uniformed leaders in the United States Department of Defense who advise the Secretary of Defense, the Homeland Security Council, the National Security Council and the President on military matters. |
| Independent agency | Not part of the cabinet; 3 types: 1.executive agencies; specialized areas-NASA/ 2. Government corporations: charge fees for their service, but not for a profit and postal service/3.Regulatory Boards and Commisions; a.Make and enforce rules for certain industries to protect the American public-FCC (Federal Communications Commission |
| regulatory commision | Make and enforce rules for certain industries to protect the American Public; the FCC (Federal Communications Commision |
| sucession | The Vice President Joseph Biden Speaker of the House John Boehner President pro tempore of the Senate1 Daniel Inouye Secretary of State Hillary Rodham Clinton Read more: Order of Presidential Succession |
| What is the goal of the U.S. court system? | The most basic function of the American legal system is to maintain peace by resolving disputes. Federal and state courts, tribunals, and administrative bodies do this by applying laws to cases between specific individuals or organizations.;to treat everyone the same |
| What is the difference between exclusive jurisdiction and concurrent jurisdiction? | jurisdiction granted only to a particular court to the exclusion of others.;jurisdiction is the power or ability to make a judgement over. concurrent jurisdiction is Concurrent jurisdiction is the ability to exercise judicial review by different courts at the same time, within the same territory, and over the same subject matter. |
| What are district courts? | District courts have original jurisdiction, have 1-28 justices, have judges and juries, 94 courts in each court system; and are the place where most cases begin; they hear both criminal and civil federal court cases; if a person loses a case in district court, he or she may ask the case to be reviewed by a US court of Appeals |
| What is the job of appeals courts? | Stop 2: Hear appeals from federal district courts. Their job is to determine whether the original trial was fair. These courts may send the case back to the district court for a new trial or uphold the lower court's decision; there are 6 and 28; panel of 3 or more judges and no jury; there are 12 courts in the court system; and is the majority of cases are final |
| What does it mean if a judge remands a case? | It means taking your case back to the grand jury as the same case but with changes or perhaps an addition to the charge(s) because new evidence is found. |
| Why is writing an opinion an important part of the court's decision | The Court's Opinion (usually also the majority opinion) is synonymous with the Court's decision. The "Opinion of the Court" gives the verdict and explains the reasoning behind the decision reached. The privilege of writing the official opinion falls to the most senior justice in the majority group, or to the Chief Justice if he voted with the majority; this person may choose to write the opinion, or may assign the task to another member of the majority. If the justices who voted against the majority wish to issue a unified opinion, they simply decide amongst themselves who will write it. |
| How long do federal judges hold their position? | Justices serve during "good behavior", meaning they essentially serve for life; they can be removed by resignation or impeachment by Congress |
| How are Supreme Court justices selected? | They are selected by nomination by the president and confirmed with the "advice and consent" of the Senate |
| What does "constitutional" mean? What happens if a law is found unconstitutional? | It means to be allowable under the U.S. Constitution; A court will issue an opinion that contains a rule or set of rules that is based on the case that they decided. Any law or part of a law that conflicts with this rule is "struck down" - it is no longer valid law, but the law is still on the books. It is simply no good and unenforceable. |
| What is judicial review? Why is it important? | If not, then the legislative branch would be free to pass any law without regard to its constitutionality. Judicial authority has always included the power to interpret laws. The Constitution gives the Judicial branch power over all cases arising under the Constitution. The courts must be able to interpret both the Constitution and laws and to determine whether one prohibits the other. Read more: http://wiki.answers.com/Q/Why_is_judicial_review_an_important_functIf not, then the legislative branch would be free to pass any law without regard to its constitutionality. Judicial authority has always included the power to interpret laws. The Constitution gives the Judicial branch power over all cases arising under the Constitution. The courts must be able to interpret both the Constitution and laws and to determine whether one prohibits the other.;The Court's job to decide whether laws are officially constitutional; this is important because It is an important part of the checks and balances to limit the authority of the legislative branch. |
| Why are precedents important in Supreme Court decision making? | Laws are interpreted based on precedent (prior cases). You compare what happened here with prior cases, is it closer to one situation or another? The US Supreme Court doesn't break from precedent routinely. |
| What is succession? What happens when a president can no longer serve his duties? | establish procedures and requirements for the vice president to assume the duties and powers of the president if the president becomes permanently or temporarily disabled.; vp, leader of the house; president pro-tempore; speaker of the house; |
| What is the electoral college? What are some pro's and con's of the Electoral College? | Pros:contributes to the cohesiveness of the country by requiring a distribution of popular support to be elected president enhances the status of minority interests, contributes to the political stability of the nation by encouraging a two-party system, and maintains a federal system of government and representation. /Cons: the possibility of electing a minority president the risk of so-called "faithless" Electors, the possible role of the Electoral College in depressing voter turnout, and its failure to accurately reflect the national popular will.;When you vote for a presidential candidate you are really voting to instruct the electors from your state to cast their votes for the same candidate.;Then, in the middle of December, the president and vice president of the United States are really elected by the votes of only 538 citizens -- the "electors" of the Electoral College.; the people who actually elect the president of the United States |
| What is the qualification for office (age, residency, __born citizen) | a resident for 14 years, a natural born citizen, 35 years old |
| What are the seven different Presidential roles? What does the president do in each of them? | Commander in chief: in charge of the army, navy, airforce, marines, and coast guard/Party Leader: give speeches, supporting party members, raise money for parties/Legislative Leaders: Forms laws into the way he wants the public to see them and has the final say on whther or not a law should be passed/ Economic Leader: plans federal budget and raises money for party and solves economic matters/Head of State: symbol of our nation, greets foreign leaders, and carries out ceremonial functions/ Chief Executive: carries out laws passed by congress and has power to issue executive orders and can apoint judges to the supreme court and can grant pardons and in charge of 14 cabinet departments and approximately 3 million civilains who work for federal government/Chief Diplomat: Directs foreign policy to the US, making key decisions on how to act toward other coutries |
| Discuss the Presidential powers: Legislative, judicial, executive, diplomatic | dd |
| Discuss the Presidential Cabinet and the Bureaucracy; the EOP, the Cabinet, the White House Staff | dd |
