Ch.15: The federal courts Flashcards
the branch of law that regulates the conduct of individuals, defines crimes and specifies punishment for criminal acts:
Government is always the plaintiff
Defendant cannot be forced to testify
Standard: guilty beyond a reasonable doubt
Penalties: fines, public service, imprisonment, death
criminal law
the individual or organization that brings the complaint in court
plaintiff
the one against whom a complain is brought in a criminal or civil case
defendant
the branch of law that deals with disputes that do not involve criminal penalties. loser cannot be fine or sent to prison. they are required to pay monetary damages for their actions. Most common types are contracts and torts
Plaintiff is the party that has been legally wronged
Defendant can be forced to testify
Standard: preponderance of evidence
Penalties: typically monetary
civil law
prior case whose principles are used by judges as the basis for their decision in a present case
precedent
literally “let the decision stand” ; the doctrine that a previous decision by a court applies as a precedent in similar cases until that decision is overruled
stare decisis
the first court to hear a criminal or civil case.Facts of the case are introduced
Judges and juries make sense of how facts relate to law.
Trial cases take both law and precedent into account.
trial court
a court that hears appeals of trial court decisions.
New facts cannot be introduced.
If new facts are available, the case goes back to a trial court.
court of appeals
the highest court in a particular state or in the United States. This court is primarily serves an appellate function
The court of last resort
Has final interpretation over the Constitution and statutory law, be it state or federal
No state constitution can run contrary to the federal constitution
Recall, the Supreme Court is an appellate court
No new facts allowed
supreme court
a negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state’s agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing
plea bargain
Cases are heard in federal courts if they involve
federal laws, treaties with other nations, or the U.S constitution
the authority to initially consider a case. Distinguished from appellate jurisdiction, which is the authority to hear appeals from lower court’s decision
original jurisdiction
State cases can be appealed in the federal system if there has been
violation of the U.S constitution
Nine justices of the supreme court
Chief justice and eight associate justices
System of equals, which functions on seniority basis
All judges have equal say, and each has one vote.
If chief justice sides with the majority opinion, he or she assigns the writing of the majority opinion.
If chief justice sides with the minority opinion, the most senior justice in the majority does.
Senators from the president’s party suggest nominees for district courts in their state when an opening appears.
President chooses from the list, then the Senate confirms.
The confirmation process has become highly political in recent decades.
Senatorial courtesy
the power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional.
The U.S. Constitution does not mention _______ ______.
Marbury v. Madison (1803)
judicial review
make laws too broad, and the executive branch can subvert them; make them too narrow, and they cannot adapt over time.
The Court is hesitant to overturn executive branch decisions because Congress can do so.
Congresses dilemma
body of law stemming from judges, not from statutes
Allows courts to function in the absence of lawmaking, just as executive orders do
common law
a party must have standing to sue by being a stakeholder in the outcome.
______ gives the legal right to initiate a case.
standing
a criterion used to dismiss cases that no longer require a resolution.
mootness
SCOTUS is more likely to “grant cert” to cases where:
An important civil right or civil liberty is at stake.
Appellate courts have ruled differently on the same law, and it needs to be applied universally.
The federal government is filing the appeal or the Solicitor General request’s a_____ ___ _______
a writ of certiorari
Some interest groups have long-term legal strategies
Bring test cases under the most favorable circumstances
Bring cases in specific circuits, expecting the appeals court to side a certain way
Preparation
Both sides submit briefs, as do other interested parties.
The attorneys will also prepare extensively for the questions they may face.
By the time a case reaches the Supreme Court, the original attorneys may be replaced by more experienced attorneys.
Oral argument
The Court meets three times per week when in session.
Each side gets a half hour, with many interruptions.
Sometimes, several different attorneys will address different aspects of the argument.
The conference
Justices meet in private and hold an initial vote
Chief justice or most senior justice will assign a justice to write the majority opinion.
Usually the dissenting opinion is assigned as well.
Most opinions are written by the clerks under the supervision of the justice.
plays an important role in Supreme Court decision
ideology
Limitations in the court
“Standing” limits the ability of many to bring issues into the courts.
The Court is willing to protect classes, but hesitant to remedy with broad reparations.
The Court has no mechanism to force the other branches to obey.
Congress can limit access to the Court.
