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POLS 1301 > Chapter 9 > Flashcards

Chapter 9 Flashcards

1
Q

The U.S. Court System

A

Created by Article 3 Section 1 of the Constitution

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2
Q

Ultimate power

A

vested in 1 Supreme Court

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3
Q

“Inferior” courts

A

created by Congress as needed

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4
Q

The mandate of the court system

A

is to provide a uniform system of justice within the U.S.

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5
Q

The U.S. Court system is impacted by

A

Federalism

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6
Q

The court system

A

is often the most trusted branch of government and has been dubbed the “least threatening” because it has neither the power of the purse nor the power to command troops.

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7
Q

parking tickets

A

are municipal

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8
Q

theft

A

is state

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9
Q

driving over post office boxes

A

is a federal case.

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10
Q

State Courts

A
  • Each state court can be (and often is) different
  • May contain County and Municipal court systems
  • Like the federal system, contains a Supreme Court at the top
  • State Supreme Court is final court of appeals for state cases.
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11
Q

Federal Courts – Three Tiers

A

Federal District Courts – 94 federal court districts.
US Court of Appeals – 12 Circuit Courts
Supreme Court of the United States (SCOTUS) – only one

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12
Q

2 kinds of Courts

A

Federal Courts and State courts

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13
Q

2 Kinds of Laws

A

First Broad Division and Second Broad Division

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14
Q

First Broad Division:

A

Substantive Laws

Procedural Laws

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15
Q

Second Broad Division:

A

Criminal Laws

Civil Laws

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16
Q

Substantive Laws

A

These concern what people can or can not do. (Think traffic laws)

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17
Q

Procedural Laws

A

These concern how law itself is conducted. (Think evidence standards etc).

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18
Q

Civil Laws

A

provide for the resolution of personal disputes and damages. Think a neighbor sues another for property damage.

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19
Q

Criminal Laws

A

crimes against the state that disrupt public peace etc. (murder, theft, etc)

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20
Q

jurisdiction

A

the authority of a court to hear a case.

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21
Q

Original Jurisdiction

A

a court has original jurisdiction when it is the first to hear a kind of case. (municipal, state, district courts)

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22
Q

Appellate jurisdiction

A

a court has appellate jurisdiction when it hears a kind of case only after it has been heard by another, lower, court and there has been an appeal. (State Supreme courts, SCOTUS)

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23
Q

Judicial Review (define)

A

the power of the court to overturn legislation enacted by Congress if such a law violates the U.S. Constitution.

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24
Q

Judicial Review

A
  • Checks the power of Congress & President
  • Provides teeth to the notion that SCOTUS interprets the Constitution & constitutionality of the law.
  • Prevents tyranny from developing through the slow progression of unconstitutional laws.
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25
Q

Marbury v. Madison(1803)

A

The original case that created the power of judicial review.

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26
Q

Marbury v. Madison (1803) …

A
  • The case involved an appointment to the federal courts (Marbury)
  • Adam’s Secretary of State forgot to send in the appointment letter before the transition to a new president and thus Marbury didn’t get his appointment approved (so he sued).
  • John Marshall, the Chief Justice, was in a bind because the new president was apt to ignore him if he voted in favor of Marbury.
  • Marshall decided that Congress didn’t have constitutional authority to give the court the power to decide this case and thus the power of judicial review was born.
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27
Q

SCOTUS (acronym)

A
  • The Supreme Court of the U.S.
  • The Supreme Court is the final word on law with the power to overturn lower court rulings.

-The supreme court has both types of jurisdiction:
It is the final court of appeals in the federal system
It has original jurisdiction over constitutional matters.

-SCOTUS is now comprised of 9 members.
Remember, the Constitution does not say how many!

Terms - the members of the Supreme Court are appointed for life, and are only removed upon death, retirement, or some manner of misconduct

28
Q

Supreme Court Cases

A
  • gets thousands of petitions to hear cases (called writs of certiorari) from which they choose only a handful.
  • Cases are chosen by the “Rule of Four”, meaning that four Justices must agree to hear the case.
  • Aside from each set of lawyers, Justices may also be influenced by “amicus curiae” (friend of the court) briefs.
29
Q

SCOTUS Decisions

A
  • When the Supreme Court makes a decision, the reasoning of the court is documented so that it may become a precedent for other/future courts.
  • The reasoning of the court’s decision is captured within written opinions: The Opinion, Concurring Opinions, Dissenting Opinions.
  • The Opinion is often most important, but if the court later changes its mind, it may look to a concurring or dissenting opinion for its reasons.
30
Q

The Opinion

A

The reasoning of those members who were in a majority (ie the winning side of the decision)

31
Q

Concurring Opinions

A

the reasoning of a justice (or more) who voted with the majority but for different reasons.

32
Q

Dissenting Opinions

A

The reasoning side of those justices who were in the minority (ie the losing side of the decision). When unanimous decisions are made, there is no minority opinion.

33
Q

least threatening

A

The court system has neither the power of the purse nor the power to command troops.

34
Q

The supreme court has both types of jurisdiction:

A
  • It is the final court of appeals in the federal system

- It has original jurisdiction over constitutional matters.

35
Q

Rule of Four

A

four Justices must agree to hear the case.

36
Q

amicus curiae

A

friend of the court

37
Q

precedent (stare decisis)

A

the judgments made in past cases.

38
Q

The US courts system has a strong incentive to rely on precedent

A

True

39
Q

Stare decisis

A

is Latin for “let the decision stand” and refers to the application of prior rulings on similar future cases.

40
Q

The use of precedence is the basis for the even application of law through time and across courts.

A

True

41
Q

The use of precedence also implies that the application of law is predictable, which is important for the law to be useful and obeyed.

A

True

42
Q

Overturning prior rulings is difficult and rare (Brown v BoE). With rare exceptions, the Supreme Court is the last word.

A

True

43
Q

Strict Constructionism

A
  • This understanding takes the Constitution as literal

- Changes to Constitutional interpretation are to be made by amendment, not reinterpretation.

44
Q

Judicial Interpretivism

A

This understanding takes the Constitution as a living document, which can be reinterpreted based on new experiences or needs.

45
Q

Judicial Politics

A
  • Judges are not simply neutral enforcers of the law.
  • Judges often have political preferences and predispositions which can be reflected in their strategic actions and decisions. Knowing this, other actors respond accordingly.
46
Q

Where is Judicial Politics observed?

A
  • The Appointments Process
  • The Writing of Judicial Opinions
  • The Selection of Cases
  • The Strategic Selection of Courts
47
Q

Federal judges are appointed by?

A

President Nominates

48
Q

Federal judges are confirmed by ?

A

Senate Confirms

49
Q

Considerations

A

Blue Slip Process

Partisan Balance of the Senate

50
Q

Schemes

A

FDR’s “Court Packing Scheme”

Policy-based Nominations

51
Q

Why are appointments to Supreme Court highly contentious?

A

because the long terms of service allow a single appointment wide influence for many years to come.

52
Q

Why are even appointments to the “inferior” courts contentious?

A

because they also last many years and can change the tone of a lower court.

53
Q

Justices are selected on merit, partisan ideology, and constitutional interpretation.

A

True

54
Q

Actions are strategic and partisan

A

True

55
Q

Non-Actions are strategic and partisan.

A

True

56
Q

The appointments controversy has extended the selection process and made it more difficult for nominees.

A

true

57
Q

TX Judiciary

A

2 “Highest” Courts:
Supreme Court of Texas
Court of Criminal Appeals

58
Q

The Supreme Court of TX handles civil appeals.

A

True

59
Q

The Supreme Court of TX engages in a variety of administrative activities such as establishing rules for the judicial agencies etc.

A

True

60
Q

The Court of Criminal Appeals is the highest court for appealing criminal cases.

A

True

61
Q

Unlike the federal court system, TX uses partisan elections for filling the bench.

A

True

62
Q

Judicial elections

Terms of Service

A

Municipal: 2 years
District, county-level, & Justices of the Peace: 4 years.
Appellate (including Supreme): 6 years.

63
Q

Features of TX Courts :

A

Partisan Elections

Split High Court

64
Q

Split High Court

A

Non-traditional

65
Q

Partisan Elections

A

More Accountability
Less Independence
Creates an Incentive to be “Tough on Crime”
May Influence Decisions
May Influence Judicial Quality (especially at lower levels).

66
Q

The Courts are Political

A

In Decisions

In Nominations

67
Q

The TX Court System is Fundamentally Different from the US System

A

Split Supreme Court

Elected Positions

POLS 1301 (15 decks)

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