What does it mean that the American court system is adversarial? Our system pits the parties in a case against each other. The types are district courts (original jurisdiction), circuit courts of appeal (appellate jurisdiction), and the Supreme Court (appellate jurisdiction). TERMS IN THIS SET (54) What are the levels and types of courts in the federal judiciary? The levels of courts are original jurisdiction and appellate. The Ninth and Fourteenth Amendments A +49 more terms
#Fifth circuit court of appeals clerkship trial#
jurors A Which of the following Amendments to the Constitution guarantee the right of trial by jury in both criminal and civil cases?Į. They are not allowed to apply constitutional limitations in trials without a jury. Supreme Court are known as trial judges.Į. They are responsible for reviewing petitions for a writ of certiorari.ĭ. They are responsible for finding the facts in cases without a jury.Ĭ. They cannot apply substantive rules of law to decide a case.ī. D Which of the following statements is true of trial judges of U.S. They apply the law to the facts of a case.Į. They give no deference to the facts found by a jury.ĭ. They determine the facts from conflicting evidence in a jury trial.Ĭ.
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TERMS IN THIS SET (53) Which of the following statements is true of the role of judges in U.S. The parties may then file appeals to the appropriate appellate court and, in some cases, to the U.S. After the trial, parties may file posttrial motionsĤ. The trial begins with jury selection, followed by opening statements, the plaintiff's case, the defendant's case, closing arguments, jury instructions, jury deliberations, the jury's verdict, and the judgment.ģ. Pretrial includes consultation with attorneys, pleadings, the discovery process, and the pretrial conferenceĢ. Parties cannot ask the judge for an "advisory opinion." What are the steps in civil litigation? The stages of a civil trial include the 1. Case or controversy: There must be an issue before the court that a judicial decision is capable of resolving. Standing: For a person to have the legal right to file a case, the outcome of the case must personally affect that person.Ģ. What are the threshold requirements that must be met before a court will hear a case? 1. The state court structure varies by state, but generally includes courts of common pleas (trial courts), state courts of appeal, and a state supreme court. The federal structure has district courts (trial courts), circuit courts of appeal, and the U.S.
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has two parallel court structures: the state and federal systems. The three forms of subject-matter jurisdiction are state, exclusive federal, and concurrent How is our dual court system structured? The U.S. TERMS IN THIS SET (29) What are the different types of jurisdiction a court must have before it can render a binding decision in a case? Subject-matter jurisdiction is the power of a court to render a decision in a particular type of case. Oral arguments commence(Once a case is argued before the Supreme Court, the justices vote on their decision and issue an opinion.) +16 more terms The court grants a writ of certiorari(Once granted, a case with certiorari will appear before the Court.)Ĥ.
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Law clerks evaluate the petetion (The "cert pool" makes it easier for justices to get a handle on the thousands of potential cases they could hear.)ģ. Petition for a writ of certiorari is filed(This is the first step for nearly all cases the Supreme Court might review.)Ģ. Note that this list represents only a few of the overall sequence of steps in this process. false (The Court has interpreted the Constitution's "cases and controversies" clause to mean that it cannot render advisory opinions on potential laws.) Among the following examples which is the best example of stare decisis? An attorney uses a previous state court ruling to argue his client's case.(An attorney uses a previous state court ruling to argue his client's case.) Place the following actions in the correct sequence of occurrence, from first to last, in the process by which the Supreme Court accepts and reviews a case. He can ask the Supreme Court for its opinion to save Congress the time of passing an unconstitutional law. Madison(Judicial review was established by Justice John Marshall as a way of asserting judicial power while avoiding a confrontation with Thomas Jefferson.) Senator Bedfellow is concerned that a bill Congress is considering might be unconstitutional. TERMS IN THIS SET (20) How did the Supreme Court gain the power of judicial review? Judicial Review was established in the decision of Marbury v.