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JudicialBranchUnit3

TermDefinition
Article I court term limits? Serve fixed, limited terms. Average is 6 years.
Give an example of an Article I. court. U.S. Court of Military Justice(UCMJ), U.S. Ct's of Veterans Affairs(Appeals), U.S. Tax Ct's, U.S. Bankruptcy Ct's, U.S. Immigration Ct's.
First pillar of American Jurisprudence? Article III. of the U.S. Constitution.
Second pillar of American Jurisprudence? Judiciary Act of 1789.
What did the second pillar establish? 3 tiered structure. U.S. Supreme Court, U.S. Courts of Appeals, and U.S. Federal District Courts.
Focusing now on the two types of courts, what type of courts have original jurisdiction? Trial courts.
Give an example of a trial court. U.S. Federal District Courts or U.S. Supreme Court.
Focusing on the two types of courts, which type of courts are concerned with points of law? Appellate courts.
Give an example of an appellate court. U.S. Courts of Appeals or U.S. Supreme Court.
Name the third pillar of American Jurisprudence. Caselaw precedent(aka Judicial Review).
Name the U.S. Supreme Court case that challenged Congress' use of the commerce clause.(Name, Year decided, & holding) Gibbons v. Ogden (1824), Congress' use of the commerce clause IS constitutional.
stare decisis a philosophy that says to use previous cases for present and future cases.
Judicial Review power of SCOTUS to look at any act of the Federal Government, and determine if it's constitutional or not. A virtual veto over U.S. Congress or POTUS.
Name the U.S. Supreme Court case that said "separate can NEVER be equal." (Name, year) Brown v. Board of Education, cases consolidated 1954. Said that segregation by race is unconstitutional.
What case did Brown v. Education overturn? Plessy v. Ferguson (1896). Said that segregation by race IS constitutional.
What are the qualifications to be a U.S. Supreme Court Justice? There are none.
Who appoints/chooses the SCOTUS Justices? POTUS
Who has advice and consent over POTUS' decision? The U.S. Senate.
Requirement to be a Justice of the Peace? A registered voter.
What types of jurisdiction do Justices of the Peace have? Civil and criminal.
For over 100 years, Texas has selected it's judges this way. How? Partisan elections.
Name the two exceptions to partisan elections. Vacancies and municipal court judges.
Name the type of case you might encounter in a district court, on a civil docket day. Divorce case.
Name the court in Texas where you would see dead people. Constitutional County Court(CCC)
What paper is filed with the SCOTUS requesting that it hear your case? Writ of Cert.
How many of the SCOTUS justices must sign the Writ of Cert. for your case to be heard? 4 of the 9.
In Texas, what court would you find traffic misdemeanors? Municipal Courts.
If you were accused of a drug violation, what court would you find yourself in? District Court.
After you have killed your professor, where would you be tried for aggravated homicide? And what penalty will be on the table? District Court. The death penalty.
U.S. Courts of Appeals U.S. Circuit Courts. Not concerned with facts of case, but with "points of law," i.e. were the rules followed?
Which circuit court is Texas in? 5th circuit.
Jurisdiction Physical boundary over which a court has the authority to hear a case and decide it's issues.
If there is NO error in a Federal District Court, what happens? Trial court decision stands.
If there is an error in a Federal District Court, and it IS harmless, what happens? Changes outcome. Void new trial, "trial de novo." Avoided at all costs.
En banc U.S. Supreme Court sit together to hear a case.
How many judges are on the U.S. Supreme Court? 9
U.S. Courts of Appeals has how many panels? And what does it have in common with U.S. Supreme Court? 3 panels en banc.
Head of the U.S. Federal District Courts? Judge and jury.
Recuse Removed and excused.
Writ of Certiorari A form with blanks for justices' to sign.
Rule of Four 4 of the 9 justices of the SCOTUS must decide if your case has merit. Then will sign Writ of Cert. Will send a copy to anyone who touched that case.
How long of a term do SCOTUS justices serve? lifetime
Is the 3rd pillar, caselaw precedent(aka Judicial Review), found in the constitution? No.
Unconstitutional = ? Void.
Which articles are chosen by POTUS? Articles III and I.
What type of courts are in Article I? legislative and administrative
Necessary & Proper Clause(aka Elastic Clause) power to make all laws necessary and proper to carry out it's constitutional duties.
Never proper... Cannot suspend the writ of habeas corpus, ex post facto laws, and bills of attainder.
Once a bills is a law, it is released in what 2 ways? Statutes at large and codification.
Statutes at large chronological order
Codification(codes) separated by subject matter jurisdiction. Codes are known as administrative laws.
Criminal law individual conduct that is regulated.
Civil law relationships/duties between people and entities(companies)
What are the 2 types of precedent? guiding and binding
Guiding precedent Guided by outside (physical) jurisdiction. Don't have to follow.
Binding precedent Inside jurisdiction that you are bound to follow.
Bright line exceptions change in the law
Cases are called what? Landmark cases or decisions.
What are the 3 Judicial Philosophies? Judicial Restraint, Judicial Implementation, and Judicial Activism.
Judicial Restraint Fosters strict constructionism (in contracts), and strict constitutionalism(in law). The Four Corner's Doctrine: verbatim interpretation.
Judicial Implementation Law is not the law until it is implemented. If local, state, and federal governments do not conform to the law, it is useless.
Judicial Activism Fosters loose constructionism and loose constitutionalism. The Living, Breathing, Constitution Doctrine says to maintain the spirit, but allow the law to evolve as society evolves. "Reading between the lines interpretation."
What is the chief criticism of Judicial Branch of Texas? Unwieldy structure of overlapping jurisdictions that is trifling and confusing.
Who is Tom Phillips? Chief Justice of Texas Supreme Court.
Local Courts(aka Trial Courts) Justice of the Peace Ct's: have criminal and civil jurisdiction.
Types of civil cases found at Justice of the Peace(JP)Ct's? marriage, landlord and tenant disputes.
Types of criminal cases found at JP courts? class c misdemeanor, public intoxication
Municipal Courts City courts. You end up here if you get a traffic signal ticket, or seat belt ticket. (traffic misdemeanors)
District Court Has both civil and criminal jurisdiction.
Types of criminal cases found at District Courts? drug cases, homicide, capital cases(death penalty) where jury must be death penalty certified.
Types of civil cases found at District Courts? divorce cases.
Constitutional County Court(CCC) see dead people. Wills, estates, and probate matter. County Court at Law(CCAL aka Magic Court): Handles class A & B misdemeanors, not always in session, exist when CCC court overflows w/ cases.
Texas has 2 Supreme Courts of last resort. Name them. Texas Supreme Court and Texas Court of Criminal Appeals
Texas SuPreme Court Juvenile and civil smj, find justices here, Petition for Review, Rule of Four, partisan election, NO lifetime terms.
Texas Court of Criminal aPPeals Criminal smj, find judges here, aPPlication for Discretionary Review, Rule of Four, partisan election, NO lifetime terms.
Plain Sight Doctrine If the police can see the weapon, they can seize it.
Information Search & Seizure Stop and frisk. Does NOT require a warrant.
Inventory Search car can be towed and stripped down to its nuts and bolts. Does NOT require a warrant.
Search & Seizure incident to a Lawful Arrest no warrant required.
Magistrate judge who's job is to do paper work and perform a Probable Cause Test.
Probable Cause Test 2 pronged test. Law enforcement officer has to 1)show tangible evidence that a crime was committed, and 2)tangible evidence that the place to be searched and/or person to be seized was incident to THAT crime.
Tangible evidence perceived through the 5 senses.
What are the types of evidence? direct, circumstantial, tangible
After arrest you get BOOKED. What happens? You are put in a holding cell, lose private property, and are given one phone call.
Who SHOULD you call with the one phone call given? a bail bondsmen
Who should you NOT call with the one phone call given? relatives and lawyers
After getting BOOKED, you see another magistrate. What happens? They make sure you were mirandized, tell you charges that may be held against you, District Attorney will formally charge you. May ask you to plea guilty, NOT guilty, or no contest. They will take witness statements.
Before you plea what should you do? Ask to speak to an attorney in private, and make your best judgement.
After arrangement, you may or may not be released. What percent will be typically charged to be released? 10 to 15 percent
Your case is referred to a grand jury. What happens? Defendant and attorney are NOT allowed in room with grand jury, review the prosecutions evidence, grand jurors are selected by the judge.
What is the term limit of grand jurors? Depends on jurisdiction of your location.
How many grand jurors are there? 12
If 9 of 12 jurors finds there IS sufficient evidence, what happens? TRue bill = TRial
If cannot get 9, it's NOT sufficient evidence, and what happens? NO bill = NO trial. YET!
Petit Jury obtained from motor-voter records, summons in the mail. No show = bench warrant, and you are brought to a judge, and there is no time limit for you to be held in jail. When you arrive you are put in a venire-jury pool.
Voir dire Questioning to see who will serve.
Strikes for cause legal reason why you can't serve. Unlimited number.
Peremptory strikes 3 to 6 is normal.
What are the 2 phases of trial? Determination phase and punishment phase.
Determination phase guilty or not guilty
Punishment phase sentencing
What are the 2 factors of the punishment phase? Aggravated circumstance and mitigating circumstance
Aggravated circumstance increases punishment. e.g. use of gun, crime
mitigating circumstance lessens punishment
Alcohol and drugs are what type of circumstance? Either aggravated or mitigating.
In a criminal trial, there is a... Plaintiff(pi)-prosecuting side and a Defendant(delta)-person on trial
In a capital case, what is possible? Death penalty
All jury verdicts must be [blank]? unanimous
In a civil case, there is a... Petitioner(pi) v. Respondant(delta)
How long do you generally have to respond to a civil case? 20 days
What are the outcomes(remedies)of civil cases? Money damages, and/or specific performance. What ever these outcomes are, original petition must set out the remedies.
Created by: ravalencia