Chapter 7 Flashcards
Goal of the judicial branch
Equal justice for all
Purpose of the judicial branch
To interpret the law and settle disputes
Dual Court System is composed of
- Federal Courts
2. State Courts
Types of Federal Courts
- Constitutional
2. Special Courts
Types of Constitutional courts
- Supreme Court
- Courts of Appeal
- District Courts
- Court of International Trade
Types of Special Courts
- Court of Military Appeals
- Court of Veteran Appeals
- Claims Courts
- Territorial Courts
- Tax Courts
- Courts of the District of Columbia (D.C.)
Jurisdiction
The authority of a court to hear and decide a case
What determines federal jurisdiction
- Subject matter
2. Parties Involved
Exclusive Jurisdiction
The case can only be heard in federal court
———-Examples of Federal Jurisdiction
- Admiralty or Maritime Law
- Government involved in any way
- If it involves foreign diplomats
- If one state sues another state
- If a state sues a foreign country
- If an individual from on state sues individual from another state
- If an individual sues a foreign country
Concurrent Jurisdiction
The case can be heard in both federal and state
Original Jurisdiction
The court where the case is first heard
Appellate Jurisdiction
The court that hears the case on appeal from a lower court
What are the qualifications for Federal Judges (according to the Constitution)
There are none
How can you become a Federal Judge
Must be appointed by the President and confirmed by the Senate
Federal Judges
- Lifetime term
- Can be impeached and removed
- Congress sets their salary
- Salary can never be decreased
Types of law
- Common law
- Criminal law
- Civil law
- Public law
Criminal Law
Cases arising out of actions that violate laws protecting the health, safety, and morals of the community
- Government is always the plaintiff
Common Law
Law derived from the application of previous case decisions to present cases
Plaintiff
The party bringing the charges
Civil Law
Involved disputes between citizens or between the government and citizens where no crime is alleged
Contract Cases
Disputes that arise over voluntary actions
Example: Divorce
Tort cases
Disputes that arise out of obligations inherent to social life
- Includes slander
Public law
Cases where the powers of government or the rights of citizens are involved
Inferior Courts (constitutional courts)
- District Courts
- Courts of Appeal
- Court of Appeals for the Federal Circuit
- Court of International Trade
Constitutional Law
Judicial review, review of the constitution
Administrative Law
Involves disputes over the statutory authority, jurisdiction, and procedures of administrative agencies
District Courts
- Created by the Judiciary Act of 1789
- Hear both criminal and civil cases
- One judge
- Has a jury
Courts of Appeal
- Established in 1891
- There are 12 courts of appeal
- Hear cases on appeal from the lower courts
- Panel of judges
- No jury
Court of Appeals for the Federal Circuit
- Created in 1982
2. Does the same thing as Court of Appeals except they have nationwide jurisdiction
Court of International Trade
Handle cases that deal with tariffs and trade laws
Supreme Court
Highest court in the country
Supreme Court is composed of
1 Chief justice, 8 associate justices
always have 1 chief justice, associate justices are set by congress
Judicial Review
The right of the court to determine the constitutionality of law
How are the justices appointed?
They are appointed by the President and confirmed by the Senate
What do the justices do
- Hear cases on appeal
2. Judicial review
Maddison vs Maurberry
Establishes the principal of Judicial Review
What kind of Jurisdiction does the Supreme Court have
Appellate
How does the case reach the Supreme Court
Through the:
- Writ of Appeal
- Writ of Certiorari
- Certificate
Certificate
The lower court will ask the Supreme Court to answer a specific legal question
When does the Supreme Court open and close
First week of October through the first week of July
Solicitor General
The attorney (lawyer) that represents the US government before the Supreme Court
What is the process of a court case hearing
- Lawyers file a brief with the court
- Oral argument
- Conference
- Opinion
Oral argument
Sides present their cases
Conference
Judges discuss the case
Opinions
- Majority Opinion
- Concurring Opinion
- Dissenting Opinion
Majority Opinion
The majority rules
Concurring Opinion
Agrees with the majority but, it will emphasize a point that was not made in the opinion
Dissenting Opinion
Does not agree with the majority
Supreme Court members serve
For life
First female Supreme Court member
Sarah Day O’Conner
First black Supreme Court member
Thurgood Marshall
Second black Supreme Court member
Clarence Thomas
Supreme Court Chief Justices
- John Jay
- John Rutledge
- Oliver Ellsworth
- John Marshall
- Roger Taney
- Salmon P. Chase
- Morison Waite
- Melville Fuller
- Edward White
- William Taft
- Charles Evans Hughes
- Harlan Stone
- Fred Vinson
- Earl Warren
- Warren Burger
- William Rehnquist
- John Roberts
Special Courts
- Federal Claims Court
- Territorial Courts
- Courts of the District of Columbia
- Court of Appeals for the Armed Forces
- Court of Veterans Appeals
- United States Tax Courts
Federal Claims Court
They hear claims for damages against the US Government
Territorial Courts
Local courts of the territories
Courts of the District of Columbia
Local courts in Washington, D.C.
Court of the Appeals for the Armed Forces
Civilian judges
For people who are in the armed forces that commit a crime
Court of Veterans Appeals
They hear cases involving veterans benefits
United States Tax Court
They hear cases involving disputes over the tax laws
Special Courts serve based on
Terms
