chapter 6 Flashcards
learn
what are some modern considerations for federal judges nominations
race, ethnicity, and gender
who was John marshal
supreme court justice when judicial review was established
which supreme court case was the first to use judicial review
marbury v madison
what is criminal law
a category of law the covers any actions that harm the community
what is civil law
a category of law covering cases involving private disputes (accidents contracts and divorce)
how do state judges get their positions
it varies some are elected and some appointed by governor
what are federal district courts? how many are there? how many judges hear each case?
94 courts and 13 circuit courts.
1 hears each for district court
appeals court hears 3.
and supreme court hears 9.
roughly how many supreme court cases does supreme court hear each year
about 80
what is the rule of four
for supreme court is going to hear a case 4 judges have to say yes
what is precedent (stare decisis)
precedent is a ruling made by a court serves by the bases for a later case.
stare decisis means judges uphold previous decision
what are amicus curiae briefs
interest groups not directly involved in the case but they have an interest in it
what is majority opinion
what most judges voted for and this is the end result of a case
what is a concurring opinion
you agree with result but for a different reason
what is a dissenting opinion
you disagree with majority
what is judicial restraint
tend to believe justices should be hesitant to over turn laws or prior precedent
what is judicial activism
a believe judges loosely interoperate exciting laws and interject own values in court decision
how is the order determined that each justice on the supreme court presents discussion and votes
chief justice
then by seniority
who assigns the responsibility for writing the opinion in the supreme court
chief justice or more senior justice in majority
if a judicial nominee is rejected in recent times what is considered the most important factor
partisan politics
doers appellate jurisdiction different from original jurisdiction as far as the process
appellate jurisdiction decides if someone I guilty or innocent( if they followed appropriate process)
what levels of law can the judiciary branch rule unconstitutional
federal state and local
under which circumstances does the supreme court have original jurisdiction
any cases with representatives to foreign country ambassadors ministers public council or US is involved itself
describe state court system
every state has its own court systems and no 2 courts are exactly alike
what is the only requirement of district and ciricut court judges
you have to live in your district
what is senatorial courtesy
a minimum you have to be acceptable to the senator to that state from president party
what role does the senate judiciary committee have
hold a hearing for every nominee to federal court
what does american bar association do
screen candidates to see how qualified they’d be to be a federal judge
what trend has occurred for most supreme court nominees since 1950
that you have been a judge
what is role of solicitor general
represent national gov in cases by supreme court
what is role of chief justice
form the docket
What is the role of the federal judiciary?
To interpret and apply laws to the
nation
Who wrote federal 78 and what is the main point of it?
Alexander Hamilton wrote it. It is the least dangerous branch.
How does someone become a federal judge?
Appointed by president and approved by Senate
How long do federal judges serve?
Life terms
What is judicial independence?
The judge is being impartial in united to any person or interest
What is guaranteed for salary the federal judges?
The salaries are protected and cannot decrease during their term
What article in the constitution pertains to the judiciary branch
Article 3
What federal courts are described in the constitution
Only Supreme Court
What is original jurisdiction?
You hear the case first
What is a appellate jurisdiction
You are hearing a case that has already been here by a lower court
