Chapter 3 Flashcards
Most cases heard by the Supreme court come to it through:
writ of Certiorari
How are presidential nominations of justices to the Supreme Court chosen?
Presidents nominate those who they believe share their political onions
How many justices does it take to grant a writ of Certiorari?
4
What was the Framer’s intentions concerning the relationship between state and federal courts?
State courts were to be the primary courts with the federal courts possessing jurisdiction over a select group of cases
What did Marbury V Madison declare?
The power of judicial review and invalidated an act of congress extending to its original jurisdiction in violation to article III.
The constitution provides 2 forms of federal judicial jurisdiction. They are:
Diversity and Federal Question
The eleventh amendment was ratified as a result of what supreme court decision?
Chisholm v Georgia
What method of constitutional interpretation is applied in a manner consistent with the framer’s intentions?
originalism
Does the Constitution establish how many Justices will serve on the Supreme Court?
NO
The court of last resort for most federal cases is the:
Circuit Court of Appeals
How many types of Court Jurisdiction and what are they
2 Original Jurisdiction and Appellate Jurisdiction
Jurisdiction
A court’s authority to hear certain cases
Original Jurisdiction
Court does not receive a case as an appeal
Court is usually where the complaint is filed
This is the trial level where cases are heard
What has both Original and Appellate Jurisdiction
Supreme Court
Appellate Jurisdiction
authority of a court to review the proceeding of another court or administrative agency
Courts that have only appellate jurisdiction normally do not conduct trials.
Does the House of Representatives have interaction of appointing federal judges
NO
recusal
refers to the self-removal of a judge or prosecutor from a legal case due to a conflict of interest
Senatorial Curtesy or Blue Slip
Practice of involving and getting a recommendation from the senator of the home state they prospective judge is from. It is important that the Senator from the prospective judge home state to be on board because the Senator can reject them.
Senate’s role in appointing federal judges?
Senate appoints using its power of “advice and consent.”
Can Federal Courts issue declaratory judgement?
Yes
Declaratory Actions
cases where a party seeks a court to declare rights but does not order any further relief. Seeks court to declare whether the law is valid or invalid and establish what rights everyone has under this law.
Diversity of Citizenship
If two parties (plaintiff and defendant) live in the same state, then state courts have jurisdiction over both of them. The State courts are available to hear their case.
If parties want to file in Federal Court, all plaintiffs must be diverse from all defendants.
If they are not diverse, the Court does not have jurisdiction to hear their complaint
Rule of 4
Remember the Court chooses the Appeals it wishes to hear
at least 4 of the 9 Justices must vote to hear the case
Standing
The legal capacity to bring and maintain a suit
Ripeness
Was the suit filed before harm or threat of harm has occurred or is imminent
If there is no genuine dispute – court does not have jurisdiction.
Mootness
Was the filing made too late? Has the issue the parties want decided been resolved?
If the issue has been resolved, the court would be issuing and advisory opinion.
Sovereign Immunity
Governments can refuse to be sued
US District Court
where most cases are heard can be civil or criminal cases
Concept of Severability
Just because one part of a statute may violate the constitution, does not mean the entire statute is null and void. Courts may sever one part of a statute, rule it violates the constitution but still allow the rest of the statute to be valid law – remain in effect.
Gerrymandering
manipulating voting district borders to favor a party
Exceptions to Sovereign immunity:
1) States are not immune from suit by the Federal Government
2) States may wave immunity
3) Counties, municipalities, and governmental subdivisions are not sheltered from suits under the 11th Amendment
4) State officials may be sued in Federal Court for constitutional violations
Court of last resort
Supreme Court
For federal Cases what is the court of last resort?
Courts of Appeals
Exceptions Clause
Article III, Section 2, Clause 2
Congress can establish exceptions to the Supreme Court Appellate review
Congress has broad authority in limiting what SCOTUS’ appellate authority, HOWEVER, Congress cannot limit this authority to decide the outcome of one specific case.
Who enforces the courts decision?
Executive branch
Who determine the number of Supreme Court Justices?
Congress
