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Questions and Answers
In what type of law or cases is the government always the plaintiff?
In what type of law or cases is the government always the plaintiff?
- Tort
- Public
- Criminal (correct)
- Common
In a typical tort case, what happens when the defendant loses?
In a typical tort case, what happens when the defendant loses?
- The plaintiff is not allowed to appeal the verdict if he or she loses.
- The government immediately appeals the verdict if it loses.
- The defendant is not allowed to appeal the verdict if he or she loses.
- One individual charges that he or she has been injured by another's negligence or malfeasance. (correct)
The doctrine of ________ requires courts to follow authoritative prior decisions when ruling on a case.
The doctrine of ________ requires courts to follow authoritative prior decisions when ruling on a case.
stare decisis
If a defendant is found not guilty in a criminal case, what is the government's entitlement?
If a defendant is found not guilty in a criminal case, what is the government's entitlement?
What do appeals courts do?
What do appeals courts do?
More than ________ percent of all cases in the United States are heard in state courts.
More than ________ percent of all cases in the United States are heard in state courts.
Which of the following cases would always be heard in federal court?
Which of the following cases would always be heard in federal court?
Civil cases involving the citizens of more than one state and in which more than $75,000 is at stake must always be heard in which court?
Civil cases involving the citizens of more than one state and in which more than $75,000 is at stake must always be heard in which court?
If a man is arrested because his home was searched by police without a legal warrant, he could argue in court that he had been denied?
If a man is arrested because his home was searched by police without a legal warrant, he could argue in court that he had been denied?
There are ________ U.S. district courts.
There are ________ U.S. district courts.
Each year, the Supreme Court receives about ________ appeals and hears about ________ of them in full court.
Each year, the Supreme Court receives about ________ appeals and hears about ________ of them in full court.
Which of the following statements best describes the formal requirements of serving as a federal court judge as prescribed in Article III of the US Constitution?
Which of the following statements best describes the formal requirements of serving as a federal court judge as prescribed in Article III of the US Constitution?
Why has partisan conflict surrounded federal judicial appointments in recent years?
Why has partisan conflict surrounded federal judicial appointments in recent years?
The power of the Supreme Court to review state government actions and legislation is implied by?
The power of the Supreme Court to review state government actions and legislation is implied by?
In which case did the US Supreme Court strike down parts of the Military Commissions Act and declared habeas corpus to be a fundamental right?
In which case did the US Supreme Court strike down parts of the Military Commissions Act and declared habeas corpus to be a fundamental right?
Why is Marbury v. Madison (1803) an important case?
Why is Marbury v. Madison (1803) an important case?
Most cases reach the Supreme Court through?
Most cases reach the Supreme Court through?
Which of the following would the Supreme Court likely refuse to hear because of 'mootness'?
Which of the following would the Supreme Court likely refuse to hear because of 'mootness'?
Which of the following best describes the role of the solicitor general?
Which of the following best describes the role of the solicitor general?
If someone is an advocate of the philosophy of judicial restraint, he or she believes?
If someone is an advocate of the philosophy of judicial restraint, he or she believes?
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Study Notes
Key Concepts of Federal Courts
- Public Law: Government is always the plaintiff in public cases, typically involving criminal law.
- Tort Cases: In tort law, individuals claim injury from another's negligence or malfeasance; defendants do have the right to appeal if they lose.
Legal Doctrine and Principles
- Stare Decisis: Doctrine requiring courts to follow authoritative prior decisions.
- Not Guilty Verdicts: If a defendant is found not guilty in a criminal case, the government cannot appeal the verdict.
Structure of Courts
- Appeals Courts: Do not hear new testimonies or examine additional evidence; focus on legal interpretations.
- State Courts: Over 97% of all cases in the U.S. are heard in state courts, emphasizing the volume of state-level litigation.
Jurisdiction of Federal Courts
- Federal Court Cases: Cases involving citizens of different states with amounts exceeding $75,000 may be heard in either federal or state courts.
- District Courts: There are 94 U.S. district courts nationwide, serving as the general trial courts in the federal system.
Supreme Court Insights
- Appeals: The Supreme Court receives around 12,000 appeals yearly but hears about 300 in full court.
- Judicial Requirements: There are no formal requirements listed in Article III for serving as a federal court judge.
Judicial Appointments and Conflicts
- Partisan Conflict: Judicial appointments have become contentious due to perceived presidential power and the significant role of federal courts in American law.
Judicial Review
- Power of Judicial Review: Implied authority of the Supreme Court to review state actions arises from the supremacy clause of Article VI.
- Historical Case: Boumediene v. Bush affirmed habeas corpus as a fundamental right, emphasizing detainee rights.
Notable Supreme Court Cases
- Marbury v. Madison (1803): Established the Supreme Court's authority to exercise judicial review, a foundational case in U.S. law.
- Mootness in Court: The Court often rejects cases deemed moot, such as those involving resolved disputes or completed actions.
Other Important Roles
- Solicitor General: Represents the U.S. government before the Supreme Court, particularly in cases where the federal government is a party.
- Judicial Restraint: Advocates believe in strict constitutional interpretation without considering broader societal implications.
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