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Politics of the United States
ch.1 (Media Law) court systems, citation, and procedure
Terms in this set (64)
what are the 2 court systems?
federal and state
these systems are...but they have the same...
Both the federal and state courts have what?
-trial courts(cases heard for the very 1st time)
-appellate courts(empowered to review a case that already went through trial court)
-Supreme Court(final step in that system; each state has it's own Supreme Court and the U.S. has its own; can appeal at the federal level
what do they call the NYS's Supreme Court ?
the court of appeals
-the trial courts of the federal system
-each state has its own district
ex)the district court for Colorado covers the entire state of Colorado
-some bigger and more populated states have multiple districts
NY has 4 districts; what are they?
western, southern, northern, and eastern
how many federal judicial districts are there?
what district are we in?
at least how many judicial districts does there need to be in each state?
at least 1
U.S. court of appeals or circuit courts
-these are the appellate courts of the federal system
-the appellate courts task is to determine whether or not the law was applied correctly in the trial court.
-appeals courts consist of 3 judges and do NOT use a jury
How many appellate courts are there?
13 based on geographical location, D.C. is its own district, the 13th district only accepts certain types of cases(Bankruptcy, patents, international trade, tax law etc)
what circuit court are we in?
U.S. Supreme Court
this is the highest court in all of the United States. this is the final authority in any case.
-once the circuit court makes a decision(issues its opinion) the losing party can try to appeal to the U.S. Supreme Court
what is a request for an appeal called?
petition for a writ of certiorari
definition of writ of certiorari
a writ(order) of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court's decision
If the supreme court says no what happens?
the lower courts decision stands
the Supreme Court is in ...to accept the request for certiorari
what kind of cases does the Supreme Court usually choose?
cases that effect a lot of people
how many judges have to be in agreement in order for a case to be chosen?
4 to 9
the Supreme Court gets...requests a year and only hears about...
the ... is very similar to...
state court system; federal court system
what is the main difference between the state court system and federal court system?
the names the states give their courts; each state will give it whatever name it desires and this can be confusing
NY calls its highest court(what would normally be called the "Supreme Court" )what?
court of appeals(which is what other states call the appellate-intermediary courts)
power or right of a legal of political agency to exercise its authority over a person, subject matter, or territory
what does jurisdiction over a person relate to?
the authority to try him or her as a defendant
what does jurisdiction over a subject matter relate to?
authority derived from the country's constitution or laws to consider a particular case
the U.S. district court for the western district of New York is a ?
federal trial court
-U.S. hints at federal and district courts at trial
when crossing state lines jurisdiction...
becomes a federal problem
jurisdiction over a territory relates to...
the geographic area over which a court has the authority to decide cases
concurrent jurisdiction exists where?
where 2 courts have simultaneous responsibility for the same case
most cases are handled at what level?
the jurisdiction of the federal court is ...?
only these types of cases may be filed in federal court:
-prosecution of a federal crime
-the case is based on a federal statute or the constitution
-the U.S. government is a part to the lawsuit
-the parties are from different states(this is called "diversity jurisdiction")
-ALL other cases should be filed in state courts besides these few above
-constitutional claims may also be filed in state court
moving the case from the state system to the federal system
-in some cases jurisdiction at the beginning isn't readily available the federal system takes over state systems
sending a case improperly filed in the federal system back to the state system
what are the two types of cases?
civil and criminal
when one person(the plaintiff) brings action against a defendant for money/reward
begins when a person suspected of a crime is indicted by a grand jury or otherwise charged with the offense by a government official called a prosecutor or district attorney. may in some jurisdictions be settled before a trial through a plea bargain.
the prosecutor( the person who handles a criminal case for the government;DA) has the option to decide if they will charge someone with a crime and if so exactly what crime
ex)you get sued; I as provider of service will cover your cost or spare you of damages
ex)a prosecutor might choose to charge someone with manslaughter rather than murder if the prosecutor thinks that the evidence is not lear enough to prove the intent required to obtain a murder conviction
its an agreement that if one party gets sued, the other party will cover the cost of the suit and any damages that must be paid
ex)I develop software and with company draft contract and I will be protected by the company if I get sued for say stealing someone's code but I hired someone to do it for me; in the contract discussed them taking responsibility if this happened
an employer is responsible for the conduct of its employees
ex) if as a journalist I commit libel the newspaper could be responsible for what I do as an employee
ex)if a photo editor who works for a website posts someone else's photograph without permission and infringes their copyright, both the photo editor and the website can be sued.
constitutional claims HAVE to be filed in federal courts?
-constitutional claims can be filed in federal court but they don't have to be they can go to state court
each individual state has its own constitution if it doesn't match the U.S. constitution what would happen?
they would be "struck down" as unconstitutional
5 primary sources of law
constitutions, statutes, regulations, executive orders and cases
the system of fundamental principles according to which a nation, state, corporation, or the like, is governed.
-broad doc that lays down how that country is run
are laws that are passed by congress
-state assembly also has statues
are rules made by particular federal agencies in order to implement federal statutes made by congress
-agency makes regulations to comply with statutes ex)congress created statutes that FCC can control how TV, internet, etc are regulated. FCC makes regulations based on what congress gave them the responsibility to do
-agencies below government are in large of enforcing statutes at the state level
orders created by the executive power(president)
why are executive orders weaker than statutes?
because they can be done/undone by one person
when a court decides (or an issue within a case) the resulting opinion is often published
executive of the United States
the Supreme Court can...presidents executive order
why is it more difficult to overturn a law by congress?
because you need a certain amount of people to agree to undo it
a rule that has been established by a court in a prior case that can be referred to for guidance in deciding later cases
there are two kinds of precedents
mandatory authority and persuasive authority
this is a type of precedent that a court is obligated to follow
decisions made by other courts that lower courts can consider but are not obligated to follow
with precedents what is possible?
cases that have been decided before are then looked at to help with cases ahead in the future
courts are only obligated to follow precedents set by who?
higher courts in the same system
cases heard for the very first time
empowered to review a case that already went through trial courts
final step in that system, each state has it's own and the U.S. has its own; can appeal at the federal level
parties are from different states (has to be more than $75K)
refers to the notion that judges are generally expected to adhere to precedent
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