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Intro to law > 2.B Judges > Flashcards

2.B Judges Flashcards

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1
Q

How many judges

A

27,000

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2
Q

Judges usually

A
  • perdominatley white males
  • usually private practice lawyers in past OR government lawyer
  • being active in poltics, donating money/ time to polticial party
  • traditionally come from above average socio-economic
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3
Q

Federal Judges

A
  • usually around 40-50

- Over 90% of the time appointed judge is same party as the appointer

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4
Q

Becoming a federal judge

A
  • president nominates
  • U.S. Senate confirms by majority vote
  • EXECPTION= Recess Appointment= if senate in Recess, the president can appoint federal judge with out senate approval BUT only until a congress ends
  • House of Rep terms=2 years
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5
Q

Judges on article 3 constitutional courts

A

hold office during good behavior= life terms

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6
Q

Judges on article 1 courts

A

set term

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7
Q

U.S. District court judges

A

Congress requires you must reside in geographic area

  • exception being Washington D.C.
  • most important is to be the same political party as the prez.
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8
Q

Senatorial Courtesy

A

a custom developed over decades that takes power away from the president and is given to one or two district judges/ senators (only for district court)

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9
Q

U.S. Court of Appeals Judges

A
  • 11 number circuit
  • judges should reside in one of the states makes up that circuit
  • nominees need share POLTICIAL PHILOSOPHY of president
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10
Q

U.S. Supreme Court Judges

A
  • can reside anywhere in the country
  • most important favtor is POLTICIAL PHILOSOPHY
  • supreme court makes philosophys
  • 2nd most important factor is the nominees AGE
  • normally around mid 50s
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11
Q

Who is on Supreme court under Conservative

A
  • C.J. Roberts
  • Alito
  • Thomas
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12
Q

Who is on Supreme court under Moderate/swingvote

A

Kennedy

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13
Q

Who is on Supreme court under Liberal

A

Ginsburg
Breyer
Sotomayor
Kagon

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14
Q

State Court Judges: 5 Methods

A
  1. Partisan election= name, political party, and affiliation show up on ballot
  2. Nonpartisan election= only shows candidates names
  3. Gubernational appointment= governor appoints/ nominates
  4. Legislative appointment= appoints (only 2 states use) majority vote
  5. Missouri plan= combination of all, higher chamber confirms
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15
Q

State Court Judges in MD

A
  • Must be U.S. citizen
  • min. 5 year MD resident
  • must reside in area served by the court
  • must be lawyer in MD
  • min age = 30
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16
Q

MD district courts: Gubernational appointment

A
  • 10 year

- governor nominates someone and needs to be confirmed by the MD senate

17
Q

selecting a MD district court judge

A

-Missouri plan =15 year term
-judicial nominating commission- consist of lay people and MD lawyers
-after serving one year the judge is either voted in or out of office in the general election
MODIFICATIONS: (after Missouri plan)
anyone who meets the criteria to be a judge can run for the full term and whoever gets the most votes gets the full 15 year term
-the incumbent judges usually win

18
Q

Missouri plan

A
  1. prepares a short list of qualified people for a circuit court judgeship (usually 3 names)
  2. submit the list to the governor
  3. governor picks a name and sends it to the MD senate
  4. the senate approves/denies
  5. judge begins to serve
19
Q

MD court of special appeals

MD court of Appeals judges

A
  • Missouri plan
  • 10 year term
  • voters vote yes or no to “should judge ___ serve the full term of 10 years” if voted out of the process it starts over from a fresh list
20
Q

Discipline and Removing State court judges (U.S)

A
  • judicial misconduct (not a major problem)
  • historically if misconduct the judge would be removed
  • NOW they can be removed but also get reprimanded
  • shorter removal, less vacation, suspended, take unpaid leave
21
Q

Impeachment process

A

to remove a person from his or her office

  • treason
  • high crimes-felonies
  • bribery
  • misdemeanors
  • two step process
  • both chambers involved
  • house of representatives: article of impeachment=majority vote (where impeachment begins for federal judge)
  • senate= trail, senators vote to convict 2/3 which results in removal
  • DONT HAVE TO BE CONVICTED JUST CHARGED
22
Q

Removing state court judges (M.D.)

A
  • lower chamber responsible for formal charges (article)
  • higher chamber= trial
  • 3 of 4 courts will face votes (except district)
23
Q

Physical and Mental incapacity for article 3 judges

A

can ONLY remove a judge through impeachment

24
Q

Physical and Mental incapacity for state court judges

A

physically gets suspended with pay, if permeant damage retire with full benefit

  • mandatory retirement age
  • in MD age of retirement= 70

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