Chapter 14 Flashcards
Which article of the Constitution establishes the Judiciary?
Article III
How are judges chosen?
Presidential appointees instated by the Senate, for state courts there is senatorial courtesy
What are some factors that go into choosing judges?
race, gender, party, and ideology
How is the are the American courts more powerful than the British courts?
British courts do not have the power to overturn Parliament’s laws
What established Judicial Review?
Marbury vs Madison
What are the three federal court systems?
Supreme Court, Circuit Court (court of appeals), and District Courts
What are District Courts?
the lowest courts that hear a majority of cases, only have original jurisdiction
What system is American judicial process based on?
adversary system
what is the adversary system?
A system where the court is the neutral arena for two sides to argue their differences, based on the fight theory which guarantees fairness
What kind of power is judicial power?
passive and reactive, judges cannot investigate cases, only interpret the evidence
What kind of cases can judges decide on?
Justiciable disputes
What are justiciable disputes?
Lawsuits that grow out of actual controversies
What does standing issue to sue mean?
It means that the plaintiff must have an actual risk of personal injury not a hypothetical case
What are class action suits?
cases in which a small number of people represent all other people similarly situated
How large is the influence of class action suits?
very, they can force major changes in public policy
Who can file suits under civil law?
people who seek monetary awards for injuries to themselves or their property and individuals against a business
Who can file suits under criminal law?
only the government
What is the public defender system?
the government provides poor defendants with lawyers
What type of disputes can courts not always resolve?
political questions, they sometimes require the use of methods not suitable to courts
How are state and Federal courts related?
they have separate but related jobs, the states interpret state constitutions and the federal interprets the countries constitution
what is original versus appellate jurisdiction?
original is when it is the first time the case has been reviewed, appellate is after the case is appealed
What is the circuit court?
also known as the court of appeals, mostly appellate cases, more powerful than district courts
How many courts is the Circuit court split into?
11 allocated by geography and population, a 12th is in DC
What kind of juries are there for district courts?
petit and grand, grand for criminal indictments and petit for trials
what are magistrate judges?
officials who perform a variety of judicial duties
What article gives the president the right to appoint judges?
article II
What has changed about recent judicial appointments?
they are more controversial as lower courts are viewed as political players now
What role does ideology play in choosing judges?
presidents want to choose the “right” kind of democrat or republican, republicans are usually conservative democrats liberal
What is judicial self-restraint versus judicial activism?
self-restraint means that they interpret the constitution as the founders meant it and activism is adapting to the current times
Do judges make laws?
Yes, they interpret the constitution and apply legislative statues to concrete situations
What is stare decisis?
It is adherence to precedence of old court decisions, not completely restrictive
What is one reason for a judges retirement?
Almost guaranteed replacement by someone with similar views
What is one large change to the selection process?
nominees are no longer allowed in the senate’s hearing on their confirmation
Can the number of judges be changed?
Yes, when one party has control of the white house and congress it is often expanded but was made smaller for Andrew Johnson
What is the Supreme Court’s term?
the first monday of October to the end of June
Does Chief Justiceship guarantee leadership?
No, it depends on the style of the chief justice, some are more relaxed and other try to go for more powerful, unanimous votes
Mostly which kind cases reach the Supreme Court now?
a majority are writ of certiorari which is a formal petition to bring a case before the court
Does the court choose its cases?
Yes, based on the rule of four, if four justices are interested they take it
How many law clerks may each justice have?
4
What do law clerks do?
work closely with the justices and prepare draft opinions
What does the solicitor general do?
Represents the government before the Supreme Court
What do amicus curiae briefs do?
Provide justices with specific information on a case from groups independent from the case to influence the decision
how long does each side get to state their case?
30 minutes during which the justices can interrupt for as long as they wish
on which days do the justices discuss in private?
Wednesdays and Fridays
Who is our current chief justice?
Chief Justice Rhenquist
How are court decisions explained?
By the published Opinions of the Court
Who writes the opinion of the court?
If the Chief Justice is voting with the majority then they assign someone to write for the majority, other justices can write concurring or dissenting opinions as well and sign as many opinions as they agree with
Who can see the opinion of the court?
the opinion is available to everyone on the internet, released in copies to journalists and added to the United States Supreme Court Opinions
How is the decision of the Supreme Court enforced?
the court remands it or sends it back to the lower courts with instructions
What debate is there over the role of justices?
there is conflict over whether justices should take and active role in interpreting the constitution or read it as the founders intended
Do the people have a link to Justices?
Yes, as they are instated by presidents and senate they will have the same opinions as the elected officials
Is there a link between public opinion and the decision of the courts?
yes
Who writes the opinion of the court?
If the Chief Justice is voting with the majority then they assign someone to write for the majority, other justices can write concurring or dissenting opinions as well and sign as many opinions as they agree with
Who can see the opinion of the court?
the opinion is available to everyone on the internet, released in copies to journalists and added to the United States Supreme Court Opinions
How is the decision of the Supreme Court enforced?
the court remands it or sends it back to the lower courts with instructions
What debate is there over the role of justices?
there is conflict over whether justices should take and active role in interpreting the constitution or read it as the founders intended
Do the people have a link to Justices?
Yes, as they are instated by presidents and senate they will have the same opinions as the elected officials
Is there a link between public opinion and the decision of the courts?
yes
