Chapter 13: The Courts Flashcards
Original Jurisdiction
When a court has the power to hear a case for the first time.
Appellate Jurisdiction
When a court hears a case on appeal from a lower court and may change the lower court’s decision.
The Supreme Court
An appeals court, operating under appellate jurisdiction and hearing appeals from the lower courts. The superseding authority over all other judicial courts and their decisions. The nine justices serving lifetime terms are nominated by the President and appointed with the approval of the Senate.
Federalist No. 78
Written by Alexander Hamilton, outlines the importance of the federal judiciary being independent and considering it the least influential without power “over either the sword or the purse”
Judiciary Act of 1789
The bill that established the basic structure of the Federal Judiciary: The lowest levels are the district courts, a losing party who is unhappy with a district court decision may appeal to the circuit courts, or U.S. courts of appeals, where the decision of the lower court is reviewed. Still further, appeal to the U.S. Supreme Court is possible.
Chisholm v. Georgia (1793)
The Supreme Court’s first major case, deemed that federal courts can hear cases from a citizen of one state against a citizen from another state. Also declared that states aren’t immune from similar interstate lawsuits. Decision immediately overturned by the 11th Amendment: “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State”
John Marshall
4th Chief Justice of The Supreme Court, responsible for strengthening the authority of the court and bringing about its modern role.
Marbury v. Madison
Landmark case that establishes judicial review (the power of the court to determine constitutionality of actions, laws, and regulations)
common law
the pattern of law developed by judges through case decisions largely based on precedent
civil law
Cases that involve two or more private (non-government) parties, at least one of whom alleges harm or injury committed by the other.
state courts
Level of courts that handle most criminal activity within the state, violations of state specific laws, as well as civil matters: divorce, malpractice, contract disputes etc.
federal courts
Hears any case that involves a foreign government, patent or copyright infringement, Native American rights, maritime law, bankruptcy, or a controversy between two or more states.
Miranda v. Arizona
(used as an example to show the interplay between state and federal courts ) Ernesto Miranda convicted of kidnapping and rape at the state level but his confession was inadmissible because his 5th Amendment right was violated as decided by The Supreme Court leading to Miranda Rights.
Pros of The Dual Court System
- You have more avenues to be heard and have your rights defended.
- State courts can disagree and appeal to federal courts to reconcile the decision making.
Cons of The Dual Court System
- Even with our binding Constitution, state laws and charges can vary greatly. What is legal and illegal and their sentences are differ from state to state. An example of federal/state contradiction is marijuana.
- Political cultures in each state differ and that affects the judicial processes between them, potential bias.
- Each state may even interpret and enforce federal law differently creating a non-uniform set of laws across the country.
