chapter 18 Flashcards
Called for courts first
Alexander Hamilton
the Two separate court systems
Federal and State
Who creates rest of court system?
Congress
only court established by Constitution
Supreme Court
lower federal courts beneath supreme court
Inferior Courts
Two distinct types of federal courts
Constitutional and Special Courts
created by article 3, also called regular courts and hear most cases
constitutional
Hear narrow range of cases before constitutional courts
legislative courts
article 1 courts
Special Courts
defined as the authority of a court to hear a case, to say the law
jurisdiction
When can federal courts hear a case (according to what)
Subject matter and parties involved
two subject matter questions
admiralty and maritime laws
matters that arise on the high seas or naval waters collisions or fights/crime on sea
Admiralty law
maters that arise on land but are directly related to water
maritime laws
Parties in court case of federal
- ) US or agency of US
- ) An ambassador, consul or rep of foreign gov
- ) 1 of the states sues another
- ) Citizen of one state suing foreign gov
- ) American citizen suing foreign gov
- ) A citizen of state of the same states sues for grants to land
courts sharing power to hear case
concurrent jurisdiction
person who files the suit
plantiff
the person the compliant is made against
defendant
only in federal court
exclusive
court hears the case in first instance
original jurisdiction
a court that hears a case on appeal from lower court
appellate jurisdiction
what do appellate courts do?
make sure the trial was in accord with the law
who nominates Supreme court?
President, senate approves
Who assists the president with assigning judges to SC?
Attorney General
How many SC justices were women?
4
concepts of judicial restraint and judicial activism
judicial philosophy
Who shape public policy
Judges
what is judicial restraint based off
Original intent of the framers and precedent
a judicial decisions that serves as a guide for settling later cases of similar nature
precedent
a judicial philosophy in which supporters believe that judges should interpret and apply provisions in the constitution and in state law in the light of on going charges in conditions and values
Judicial activism
How long are constitutional judges in office?
Life
How many constitutional judges impeached?
15
SC terms
4 years
Special court terms
8-15
federal trial courts
district courts
how many judges in district courts
667
how many cases do district courts handle?
about 300,000/year, or 80% of federal cases
how many district courts
94
what created district courts
judiciary act of 1789
how many judicial federal districts
89
when can cases be heard by three judge panel
involve congressional distracting or state legislative apportionment questions
play a key role in on going efforts to combat terrorism in country and abroad
two multi judge panels
Two multi judge panels
- ) Foreign Intelligence Surveillance Court “FISA”
2. ) Alien Terrorist Removal Court
what courts have first instance
district courts
Only federal cases that don’t fall in Districts
Sup Court and Court of International Trade
one which a defendant is tried for committing some action that congress declares federal crime
criminal case
involves noncriminal matter like discipline over contract terms
civil case
who is prosecutor in federal criminal case
US
gatekeepers to relieve supreme court of much of the burden of hearing appeals form the decisions of district courts
court of appeals
how many years behind on appeals
3
list of cases to be heard
docket
how many court of appeals
13
how many judicial circuits
12
court that focuses on patent, copyright, and trademark issues along with international cases
court of appeals for federal circuit
how does court of appeals sit
in three judge panel
with all of the judges participating
en bance
which court has nationwide jurisdiction and why?
Court of appeals for federal circuit to speed up appealing process
transcript of preceeding made in by trial court ponder the oral and written arguments
record
created by art 3; tries all civil or trade laws; panels of three
court of international trade
how many judges in international trade court
9 judges
how many judges in supreme court
chief justice and 8 associates
when is SC highest authority
matters of
- ) Constitution
- ) Any act of Congress
- ) Any Treaty
SC looks to Constitution rule or evaluate the situation to see if it is their problem
judicial review
Court case where John Adams and Thomas Jefferson had disagreement on Adam’s presidential appointment and his justices
Marbury v Madison
Effects of Marbury v Madison
- ) Constitution is Law of LAnd
2. ) Judges of SC sworn to enforce the Constitution and must refuse any gov action they find to be in conflict
what kind of Jurisdiction does SC have?
both original and appellate
how does SC hear a case?
rule of four: 4 of 9 judges vote
how do case reach SC? mostly
writ of certiorari
order of SC directly having lower courts to send up court from case for review
writ of certiorari
to reach SC; method used when a lower court is not certain about procedure or rule of law; unsure how to rile
Certificate
when doe SC sit in session
from 1st Monday of OCT. til early summer
two week cycles where SC hears for 2 weeks then discusses for two weeks
Oral Arguments
Lawyer speaks for 30 mins; highlights evidence and points
write 30 minute speech
run to 100 pages
brief
justices meet in secrecy to discuss the cases for which they have heard oral arguments and read briefs
conference
when do SC meet in conference
Wed and Fri
who presides ver conference
chief justice; discusses how they will vote
5 of 9 judges agree
majority opinion
associate justices disagreee and why the decision is wrong
doesn’t change outcome
dissenting opinion
handles cases involving expressed powers of congress, hears specific scams
special courts
how can someone sue the US
by expressed consent ; or if congress says its suitable
who deals with US suing?
Court of Federal Claims 16 judges 15 year term
Courts located in US territories
act like US courts
Territory courts
Made up of civilian tribunal
chief justice and 4 associates deals with military
Court of appeals of the armed forces
tries enemy soldiers and terrorists
Military commission
in 2003 what did bush try to do
create Guantanamo bay commission
hears civil cases, independent body, 19 judges to 15 year terms, not part of judicial system
Tax Court
