Ch 6 Flashcards
What judicial things are specifically outlined in Congress
Supreme Court
Judiciary Act (1789)
- Sets # of justices (currently 9)
- Establishes court tiers
How are SC members appointed
By President (through Senate approval)
NO qualifications
- balancing experience + ethics + similar interpretations to president
Judiciary Act II (1801)
- reduces justices from 6 –> 5
- reorganizes lower courts
writ of mandamus
Court orders for lower official to fulfill duties
Fed tiers
(fed related things, like murder, etc)
- Fed district court
- Fed appeals court
- SCOTUS
State tiers
(state related things, like civil law, etc)
- Trial court
- Appellate court
- State Supreme court
- SCOTUS
Is SCOTUS Supreme
yes
Original jurisdiction
case heard for first time
Apellate jurisdiction
reviews lower court decision (can overturn/revise)
* focuses on lower court procedures, not factfinding
Fed 78
Hamilton convincing people that judicial branch would have the least power + be impartial + be protected from other branches
judicial review
SC can nullify law/action if it conflicts with Constitution
criminal law
acts harming community (murder, etc)
- prosecutor (state/fed) vs. defendant (accused)
- proves guilt
civil law
acts regarding private rights (indvls, groups)
- plaintiff vs defendant (accused)
- proves violation of rights
How are cases heard
(How many justices, what document is needed, what support is needed)
- at least 4 justices should want to hear case
- writ of certiorari = requesting lower court details
- amicus curiae briefs = int. groups convincing court to hear case + influence ruling
Majority, plurality, concurring, dissenting
- What most justices agree on
- When there’s not a majority, but multiple opinions, this is the largest group
- A justice in majority has a different reasoning
- Justices who don’t agree with majority (minority)
Restraint vs Activism
less jud review
- defer actions to legis + exec judgement
more judicial review
- overturn policy to protect rights + liberties
