chapter 1 Flashcards
federal court levels
- trial court of the limited jurisdiction/ trial of a general jurisdiction
- intermediate appellate court
- Supreme Court
State Courts
- limits of the jurisdiction of trail courts/ general jurisdiction
- intermediate Appellate courts
- Highest appellate courts
- US supreme Courts
Where do the cases go to ?
original jurisdiction, and the three routed of appellate routes
Appeals
issues are important that congress wants to have a supreme court ruling
certification
judges ask for the judges to respond to question in order to clarify the federal law
writ of certiorari
asks the court to become more informed about a case
cases are selected
- check’s office examine the certiorari to make sure that it is in the proper form
- accepted positions get a identification # and moves them to the individual Justices
- justices pool the memos an determine which are worth hearing
- chefs make a “discuss list” that the court decides to consider
- 4 justices receive an affirmative vote
case affecting a case selection
lower courts, political considerations, important federal questions, SG files a petition, elite attorney
briefing and Arguing cases
written arguments followed by oral arguments(present the case orally before the justices because of the merit of position)
decision of the supreme court
explain the decision that needs to be written and if there is going to be a moderate membrane there is going to have a moderate judge to write the judgment
original intent
interpret what the laws are supposed to be at the time it was going to be drafted
original meaning
what the clause meant at the type it was written
textualism
emphasis on exactly what the constitution says
structural analysis
takes on the underlying theory on a law and beliefs that these laws apply to overarching structures
Stare decisis
what the courts have to say about specific cases
Pragmatism
consider the effects of various interpretations and avoid the bad consequences
polling jurisdiction
examines the practices in the US and abroad
liberalism in the supreme court Decision
originalism, textualism, structural analysis, stare decisis, pragmatism, polling jurisdictions
Supreme Court realism
preference based, judicial attitudes, and strategic approaches
preference based
based on their values
judicial attitudes
consistent with their own personal ideology
strategic approaches
do things to get approval of relevant actors
external factors
public opinions, partisan politics, interest groups
public opinions
what does the public think about this
partisan Politics
important of political context
interest groups
when the interest group go to the supreme court to and signs their name to a group
1st amendment
freedom of speech, press, religion, and assembly
2nd amendment
right to bear arms
3rd amendment
freedom from quartering troops
4th amendment
freedom from unreasonable search and seizures
5th amendment
right to due process
6th amendment
right to a fair and speedy trial
7th amendment
right to a jury in a civil trial
8th amendment
freedom from cruel and unusual punishment
9th amendment
unenumerated rights
10th amendment
rights reserved to the states
11th amendment
state sovereign immunity
12th amendment
separate electoral college for the president and the vice president
13th amendment
abolished slavery
14th amendment
equal protection, due process, and citizenship rights
15th amendment
right to vote
16th amendment
income tax establishment
17th amendment
direct election of senators
18th amendment
prohibition
19th amendment
right to vote
20th Amendment
lame duck amendment
21st Amendment
repeal of prohibition
22
presidential term limits
23
DC electoral college votes
24
freedom for poll taxes
25
presidential removal and succession
26
right to vote above 18
27
delays congressional salary charges
