Ch 15 The Federal Judiciary Flashcards
Criminal Law
role? assumes what? traditionally..?
regulates individual conduct & is enforced by gov.
assumes society is victim, therefore gov. prosecutes
traditionally state concern (prosecuted in state, not fed.)
Civil Law
role? involves? ex?
(fed. court mostly)
regulates conduct & relationship btwn individuals or companies
involves lawsuits filed by private parties to recover something of value
ex: ppl suing each other o business
The federal court system
how many levels? what are they and how many ppl involved?
3 levels
US Supreme Ct. 1/9 Justices per case
US Cts of Appeal 13/3 Judges per case
US District Cts 94/1 Judge per case
Federal District Courts
distinction? # of judges? fact? involves?
trial courts of original jurisdiction (hear only 1st)
812 judges
every state has at least 1 court
involves fed. gov., fed. question, or citizens of diff states
US Cts of Appeal vs US District Cts
Appeal- rehearing
District- 1st hearing, original jurisdiction
Federal Courts of Appeal
role? # of judges? distinction? known as?
hear appeals from district courts or administrative agencies
167 active & 78 senior judges
no original jurisdiction
last resort for almost all federal case
US supreme court
role? # of justices? distinction?
reviews cases from courts of appeals & state supreme courts
has 8 associate justices & 1 chief justice (9 total)
original is set by constitution (article 3, checks and balances, can hear either 1st or last case)
Federal Selection Process
how to become part of federal bench?
President sends
Senators, Debt of Justice, Interest Groups, ABA, Senate Jud. Comm.
to Senate to be approved by majority
Appointment Considerations
name on list by… (7)
no constitutional qualifications
competence! (best & brightest, skills)
ideology/ policy preferences (pres choice reflecting their views bc appointed for life)
rewards (loyal to pres, like putting latino on bench)
pursuit of political support (promise from ppl working their way up their political scale)
religion
race & gender
Borked
meaning? what happened?
means to be turned down for nomination
Reagan had US Supreme Court opening, Bork appeared, honest on issues and overqualified, rejected by Senate bc of political views, not competence
Current US Supreme Court
who usually decides vote now bc of the numbers? borks place?
Kennedy is usually the deciding vote
if Bork was approved, he would’ve been all the way on the right
US Supreme Court
Alexander Hamilton’s view of it?
Alexander Hamilton referred to it as the “toothless” branch of gov.
-not a true partner
US Supreme Court
Judicial Review
power over LEGISLATIVE BRANCH
-court can determine if laws were constitutional, not in Constitution; they interpreted it
US Supreme Court
Marbury v. Madison
power of EXECUTIVE BRANCH
-pres does something courts feel is unconstitutional, they have the last word
How the Justices Vote- Legal Factors
activism v restraint?
Judicial Activism: court has active role in governing our country
Judicial Restraint: court is judicial body not governing body
How the Justices Vote- Legal Factors
precedent?
follow precedent (state decisis) precedent: what is it? will decision have social impact? is it our job?
Supreme Court Decision-Making
Parties' briefs "amicus curae" oral argument conference: discussion & voting opinion drafting opinions announced
Supreme Court Decision-Making: Parties’ briefs “amicus curae”
extensive reports, what should be decision now
friends of court briefs
“amicus curae”: hearing legal argument & background on info
Types of Opinions (3)
Majority (majority of at least 5)
Concurring (justice write opinion, agree but not for those reasons)
Dissenting (how & why colleague is wrong)
Supreme Court - Deciding to Hear a Case
steps?
petition for writ of certiorari (7500)
clark of court
chief justice & “cert pool” (decide importance)
rule of four (4/9 justices permit writ)
opinion (75 (hear approx. that many cases))
Supreme Court - Deciding to Hear a Case: petition for writ of certiorari
send info to court to be considered
Most important criteria (2)
standing (ppl complaining about case decision are actually affected by the decision) (no standing->court won’t hear it)
ripeness & mootness (whether the case is relevant to the times we live in)
Judicial Policy Making
what makes policy? (3)
policy is made by interpreting statutes & the Constitution (no policy process like other branches)
declaring laws unconstitutional makes policy
overruling precedent makes policy
Warren, activist (reconstructionist view)
Earl Warren Court
Earl Warren Court: shifting away from Lockean construct
- away from white man, use it to make it active to stop favoring property white ppl & make sure Constitution= equal to all ppl & justice (especially minorities)
- court was the shield against property class, but Warren said to also use sword to make things right for social justice
Warren, activist
Brown v Board of Edu 1 & 2
segregating schools= unconstitutional
9 supreme court reps agreed & overturned Plessy v F
Warren, activist
1 man, 1 vote (Baker v Carr)
HOR, all congressional districts have to vote
Warren, activist
Mapp v Ohio (minorities harassed by police (4th amend.) accused rights)
woman had nude painting in her house
warrant needed and couldn’t invent case
Warren, activist
Miranda v Arizona (minorities harassed by police (4th amend.) accused rights)
need to be aware of 5th amendment
Warren, activist
Gideon v Wainright (minorities harassed by police (4th amend.) accused rights)
strengthened that everyone has a right to counsel
Burger, neutral
Roe v Wade
womens right to abortion
Burger, neutral
Pentagon Papers
criticized prosecution of war in Vietnam in the press
against Nixon interest
Burger, neutral
Restriction of Capital Punishment
violation of 8th amendment
Burger, neutral
Localization of Obscenity
conservative against sex acts, Fed.=no business in it
Rehnquist, constructionist (strict & literal interpret. of Constitution)
view on state vs federal power?
“each state is a sovereign entity”
-devolution, fed gov was overstepping boundaries
Rehnquist, constructionist (strict & literal interpret. of Constitution)
activism or restraint?
Restrain the anti-majoritarian (democratic) nature of the court
-move gov back to judicial restraint
Roberts, ???
Affordable Access to Health Care
-made Conservatives mad
Effective Implementation of a Judicial Decision (2)
Decision is well written & easily understood
Decision is popular (greater respect when consistent w/ public opinion)
Implementation/Enforcement
who’s job?
Exec. responsible for implementing
Judicial can rule anything, but reliant on Exec. to enforce it
Laissez-faire
free market capitalism, ppl should be free to bring talents to market
night watchmen model (conservative start in size)
gov only role should be to protect us
robber barons
gov (conservative) was vulnerable to exploitation
new deal (shift)
contraints on gov
war on poverty
redistribution of wealth
“the era of big gov is over”
conservatives right, Bill Clinton (Demo.) agreed=too big
compassionate conservatism
will look after each other
let charity org. & churches take care of ppl, not gov
