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Chapter 8 Section 1
The Federal Courts
| Question | Answer |
|---|---|
| The courts make up what branch of the government? | The Judicial Branch |
| What is the Judicial Branch supposed to do? | Ensure that our nation's laws are justly enforced |
| What does acknowledge mean? | Admit |
| What is the difference between "civil" and "criminal" cases? | Civil cases involve private disputes between people, companies or organizations. Criminal cases involve an action that is considered to be harmful to society as a whole. |
| Which court is at the top of the federal court system? | The Supreme Court |
| What is the motto on the Supreme Court Building? | Equal Justice Under the Law |
| What does Equal Justice Under the Law mean? | The goal of the legal system is to treat everyone the same |
| Under the Constitution, every person accused of breaking the law has what rights? (5 things) | 1. Right to a public trial 2. Right to a lawyer 3. Court will pay for lawyer if accused can't afford it 4. Presumed innocence until proven guilty 5. Right to ask for a review of his/her case if he things the courts made a mistake |
| Why is the ideal of equal justice difficult to achieve? | 1. Judges and juries can have personal, religious, cultural prejudices 2. Poor people can't afford best legal help |
| From 1781 to 1789 there was no national court system. During that time the United States was governed by what? | Articles of the Confederation |
| Why was there no way to guarantee that people would receive equal justice under the Articles of Confederation? | Because each state had its own laws and courts |
| Which part of the Constitution established the national Supreme Court? | Article III |
| What else did Article III of the Constitution do? | Gave Congress the power to establish lower federal courts |
| Congress created two kinds of lower courts. What were they and when were they established? | 1. 1789 Congress passed the Judiciary Act; established federal district courts and circuit courts of appeals 2. 1891 created system of federal appeals courts and the circuits (districts) that they serve |
| In the federal court system what is a "circuit"? | a district |
| The federal court system has three levels. What are they? | 1. Supreme Court 2. Appeals Court 3. District courts |
| What does "jurisdiction" mean? | From the Latin juris (meaning Law)+ dicere (meaning to Speak); it means the authority to hear and decide a case |
| Article III of the Constitution gives federal courts jurisdiction to hear cases involving what 8 areas? | 1. The Constitution 2. Federal Laws 3. Disputes between states 4. Citizens from different states 5. The Federal Government 6. Foreign Governments and Treaties 7. Admiralty and Maritime Laws 8. U.S. Diplomats |
| Constitution cases | Free speech |
| Federal Laws cases | Kidnapping, tax evasion, counterfeiting |
| Dispute between States cases | Disagreements between two or more state governments. If two or more states disagree over rights to water in a shared river |
| Citizens from Different States cases | Lawsuits between citizens from different states |
| Federal Government cases | Individual citizens can sue the government and the government can sue individuals and companies |
| Foreign Governments and Treaties cases | Any dispute between a foreign government and the U.S. government, and American company or and American citizen |
| Admiralty and Maritime Law cases | Crimes and accidents outside territorial waters. Ex. disagreement over rights to property recovered from shipwrecks |
| U.S. Diplomats | An American diplomat working in a U.S. embassy accused of breaking an American law will go to federal court |
| Who is the newest member of the U.S. Supreme Court? | Sondra Sotomayor |
| Federal courts have Exclusive Jurisdiction over cases involving federal laws. What does that mean? | Only the federal courts may hear and decide cases involving federal laws. |
| State courts have jurisdiction over cases involving what types of laws? | State laws |
| What is concurrent jurisdiction? | In some circumstances both state and federal courts have jurisdiction |
| What does circumstances mean? | Situations, instances |
| When does concurrent jurisdiction apply to a case? | When a case involves citizens from different states are involved in a dispute concerning at least $50,000 |
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