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chapter 18 Flashcards

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1
Q

Called for courts first

A

Alexander Hamilton

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2
Q

the Two separate court systems

A

Federal and State

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3
Q

Who creates rest of court system?

A

Congress

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4
Q

only court established by Constitution

A

Supreme Court

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5
Q

lower federal courts beneath supreme court

A

Inferior Courts

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6
Q

Two distinct types of federal courts

A

Constitutional and Special Courts

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7
Q

created by article 3, also called regular courts and hear most cases

A

constitutional

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8
Q

Hear narrow range of cases before constitutional courts
legislative courts
article 1 courts

A

Special Courts

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9
Q

defined as the authority of a court to hear a case, to say the law

A

jurisdiction

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10
Q

When can federal courts hear a case (according to what)

A

Subject matter and parties involved

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11
Q

two subject matter questions

A

admiralty and maritime laws

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12
Q

matters that arise on the high seas or naval waters collisions or fights/crime on sea

A

Admiralty law

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13
Q

maters that arise on land but are directly related to water

A

maritime laws

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14
Q

Parties in court case of federal

A
  1. ) US or agency of US
  2. ) An ambassador, consul or rep of foreign gov
  3. ) 1 of the states sues another
  4. ) Citizen of one state suing foreign gov
  5. ) American citizen suing foreign gov
  6. ) A citizen of state of the same states sues for grants to land
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15
Q

courts sharing power to hear case

A

concurrent jurisdiction

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16
Q

person who files the suit

A

plantiff

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17
Q

the person the compliant is made against

A

defendant

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18
Q

only in federal court

A

exclusive

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19
Q

court hears the case in first instance

A

original jurisdiction

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20
Q

a court that hears a case on appeal from lower court

A

appellate jurisdiction

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21
Q

what do appellate courts do?

A

make sure the trial was in accord with the law

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22
Q

who nominates Supreme court?

A

President, senate approves

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23
Q

Who assists the president with assigning judges to SC?

A

Attorney General

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24
Q

How many SC justices were women?

A

4

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25
Q

concepts of judicial restraint and judicial activism

A

judicial philosophy

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26
Q

Who shape public policy

A

Judges

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27
Q

what is judicial restraint based off

A

Original intent of the framers and precedent

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28
Q

a judicial decisions that serves as a guide for settling later cases of similar nature

A

precedent

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29
Q

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

A

Judicial activism

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30
Q

How long are constitutional judges in office?

A

Life

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31
Q

How many constitutional judges impeached?

A

15

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32
Q

SC terms

A

4 years

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33
Q

Special court terms

A

8-15

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34
Q

federal trial courts

A

district courts

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35
Q

how many judges in district courts

A

667

36
Q

how many cases do district courts handle?

A

about 300,000/year, or 80% of federal cases

37
Q

how many district courts

A

94

38
Q

what created district courts

A

judiciary act of 1789

39
Q

how many judicial federal districts

A

89

40
Q

when can cases be heard by three judge panel

A

involve congressional distracting or state legislative apportionment questions

41
Q

play a key role in on going efforts to combat terrorism in country and abroad

A

two multi judge panels

42
Q

Two multi judge panels

A
  1. ) Foreign Intelligence Surveillance Court “FISA”

2. ) Alien Terrorist Removal Court

43
Q

what courts have first instance

A

district courts

44
Q

Only federal cases that don’t fall in Districts

A

Sup Court and Court of International Trade

45
Q

one which a defendant is tried for committing some action that congress declares federal crime

A

criminal case

46
Q

involves noncriminal matter like discipline over contract terms

A

civil case

47
Q

who is prosecutor in federal criminal case

A

US

48
Q

gatekeepers to relieve supreme court of much of the burden of hearing appeals form the decisions of district courts

A

court of appeals

49
Q

how many years behind on appeals

A

3

50
Q

list of cases to be heard

A

docket

51
Q

how many court of appeals

A

13

52
Q

how many judicial circuits

A

12

53
Q

court that focuses on patent, copyright, and trademark issues along with international cases

A

court of appeals for federal circuit

54
Q

how does court of appeals sit

A

in three judge panel

55
Q

with all of the judges participating

A

en bance

56
Q

which court has nationwide jurisdiction and why?

A

Court of appeals for federal circuit to speed up appealing process

57
Q

transcript of preceeding made in by trial court ponder the oral and written arguments

A

record

58
Q

created by art 3; tries all civil or trade laws; panels of three

A

court of international trade

59
Q

how many judges in international trade court

A

9 judges

60
Q

how many judges in supreme court

A

chief justice and 8 associates

61
Q

when is SC highest authority

A

matters of

  1. ) Constitution
  2. ) Any act of Congress
  3. ) Any Treaty
62
Q

SC looks to Constitution rule or evaluate the situation to see if it is their problem

A

judicial review

63
Q

Court case where John Adams and Thomas Jefferson had disagreement on Adam’s presidential appointment and his justices

A

Marbury v Madison

64
Q

Effects of Marbury v Madison

A
  1. ) 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

65
Q

what kind of Jurisdiction does SC have?

A

both original and appellate

66
Q

how does SC hear a case?

A

rule of four: 4 of 9 judges vote

67
Q

how do case reach SC? mostly

A

writ of certiorari

68
Q

order of SC directly having lower courts to send up court from case for review

A

writ of certiorari

69
Q

to reach SC; method used when a lower court is not certain about procedure or rule of law; unsure how to rile

A

Certificate

70
Q

when doe SC sit in session

A

from 1st Monday of OCT. til early summer

71
Q

two week cycles where SC hears for 2 weeks then discusses for two weeks

A

Oral Arguments

72
Q

Lawyer speaks for 30 mins; highlights evidence and points
write 30 minute speech
run to 100 pages

A

brief

73
Q

justices meet in secrecy to discuss the cases for which they have heard oral arguments and read briefs

A

conference

74
Q

when do SC meet in conference

A

Wed and Fri

75
Q

who presides ver conference

A

chief justice; discusses how they will vote

76
Q

5 of 9 judges agree

A

majority opinion

77
Q

associate justices disagreee and why the decision is wrong

doesn’t change outcome

A

dissenting opinion

78
Q

handles cases involving expressed powers of congress, hears specific scams

A

special courts

79
Q

how can someone sue the US

A

by expressed consent ; or if congress says its suitable

80
Q

who deals with US suing?

A

Court of Federal Claims 16 judges 15 year term

81
Q

Courts located in US territories

act like US courts

A

Territory courts

82
Q

Made up of civilian tribunal

chief justice and 4 associates deals with military

A

Court of appeals of the armed forces

83
Q

tries enemy soldiers and terrorists

A

Military commission

84
Q

in 2003 what did bush try to do

A

create Guantanamo bay commission

85
Q

hears civil cases, independent body, 19 judges to 15 year terms, not part of judicial system

A

Tax Court

gov (17 decks)

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