US legal system

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Legal Systems Flashcards on US legal system, created by mtomas on 18/08/2015.
mtomas
Flashcards by mtomas, updated more than 1 year ago
mtomas
Created by mtomas over 9 years ago
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Question Answer
What are the three branches of government that are separated in America? What is their role? The legislative, the executive, the judicial. Executive holds the military. The legislative passes laws. The judicial upholds them.
What are the two categories of courts? Which has exclusive authority in the majority of cases? In which case does the other one have authority over these courts? Federal and State courts. State courts have authority on a majority of cases. Federal courts intervene in specific cases, for instance federal laws, controversies between states...
To what type of trial is the defendant entitled to? Trial by jury. Usually 6 or 12 citizens that are on "jury duty".
On what is based the United States Supreme Court and the lower federal courts? Name them. The Constitution. It also gives Congress the right to create lower federal courts. The US District Courts and the US Circuit Courts of Appeals.
What are the roles of each of these Courts? Give an estimate of how many there are throughout the US. The US District Courts rule over the matters of federal law and there are roughly more than one in each case (94). The US Circuit Courts of Appeals rules over cases which have been appealed and there are about 15.
What is the purpose of the US Supreme Court? It adresses cases which have been appealed on matter of federal law or the Constitution from the US Circuit Courts of Appeals. It is the definite authority.
How many judges sit on the Supreme Court? 9
How does the State Court system work? What are some generalities? It copies the federal system - there are Supreme State Courts, intermediate Courts, and lower Courts. Some States have specialized Courts. Usually a single judge presides over a court.
How are Supreme Court judges nominated? For how long? By the president for life
How are federal judges appointed? Why is this important? Can a judge be impeached? Is this common? Nominated by the President, must be approved by a majority vote in the Senate. This is an important political move given the leeway that judges have on making their decisions. There have only been a few impeachments. The trial is conducted by the Senate in this case and the charges made by the House of representatives
How are State judges elected (give the 2 most popular ways)? Through popular vote or commission nomination. The first is the most common. The second consists of the nomination of a judge selected in a list made by an independent commission made up of lawyers, legislators, sometimes judges.
What are prosecutors charged of doing? How are they appointed? They represent the government in trials. They are (indirectly) appointed by the President who nominates the Attorney General of the US (the head of the US Department of Justice) and the chief prosecutors of the federal courts which are called US Attorneys
How is someone who cannot afford a lawyer represented in court? By an state-appointed attorney or by federal or state public defender offices.
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