Chapter 9 Flashcards
The U.S. Court System
Created by Article 3 Section 1 of the Constitution
Ultimate power
vested in 1 Supreme Court
“Inferior” courts
created by Congress as needed
The mandate of the court system
is to provide a uniform system of justice within the U.S.
The U.S. Court system is impacted by
Federalism
The court system
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.
parking tickets
are municipal
theft
is state
driving over post office boxes
is a federal case.
State Courts
- 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.
Federal Courts – Three Tiers
Federal District Courts – 94 federal court districts.
US Court of Appeals – 12 Circuit Courts
Supreme Court of the United States (SCOTUS) – only one
2 kinds of Courts
Federal Courts and State courts
2 Kinds of Laws
First Broad Division and Second Broad Division
First Broad Division:
Substantive Laws
Procedural Laws
Second Broad Division:
Criminal Laws
Civil Laws
Substantive Laws
These concern what people can or can not do. (Think traffic laws)
Procedural Laws
These concern how law itself is conducted. (Think evidence standards etc).
Civil Laws
provide for the resolution of personal disputes and damages. Think a neighbor sues another for property damage.
Criminal Laws
crimes against the state that disrupt public peace etc. (murder, theft, etc)
jurisdiction
the authority of a court to hear a case.
Original Jurisdiction
a court has original jurisdiction when it is the first to hear a kind of case. (municipal, state, district courts)
Appellate jurisdiction
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)
Judicial Review (define)
the power of the court to overturn legislation enacted by Congress if such a law violates the U.S. Constitution.
Judicial Review
- 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.
Marbury v. Madison(1803)
The original case that created the power of judicial review.
Marbury v. Madison (1803) …
- 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.
SCOTUS (acronym)
- 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
Supreme Court Cases
- 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.
SCOTUS Decisions
- 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.
The Opinion
The reasoning of those members who were in a majority (ie the winning side of the decision)
Concurring Opinions
the reasoning of a justice (or more) who voted with the majority but for different reasons.
Dissenting Opinions
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.
least threatening
The court system has neither the power of the purse nor the power to command troops.
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.
Rule of Four
four Justices must agree to hear the case.
amicus curiae
friend of the court
precedent (stare decisis)
the judgments made in past cases.
The US courts system has a strong incentive to rely on precedent
True
Stare decisis
is Latin for “let the decision stand” and refers to the application of prior rulings on similar future cases.
The use of precedence is the basis for the even application of law through time and across courts.
True
The use of precedence also implies that the application of law is predictable, which is important for the law to be useful and obeyed.
True
Overturning prior rulings is difficult and rare (Brown v BoE). With rare exceptions, the Supreme Court is the last word.
True
Strict Constructionism
- This understanding takes the Constitution as literal
- Changes to Constitutional interpretation are to be made by amendment, not reinterpretation.
Judicial Interpretivism
This understanding takes the Constitution as a living document, which can be reinterpreted based on new experiences or needs.
Judicial Politics
- 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.
Where is Judicial Politics observed?
- The Appointments Process
- The Writing of Judicial Opinions
- The Selection of Cases
- The Strategic Selection of Courts
Federal judges are appointed by?
President Nominates
Federal judges are confirmed by ?
Senate Confirms
Considerations
Blue Slip Process
Partisan Balance of the Senate
Schemes
FDR’s “Court Packing Scheme”
Policy-based Nominations
Why are appointments to Supreme Court highly contentious?
because the long terms of service allow a single appointment wide influence for many years to come.
Why are even appointments to the “inferior” courts contentious?
because they also last many years and can change the tone of a lower court.
Justices are selected on merit, partisan ideology, and constitutional interpretation.
True
Actions are strategic and partisan
True
Non-Actions are strategic and partisan.
True
The appointments controversy has extended the selection process and made it more difficult for nominees.
true
TX Judiciary
2 “Highest” Courts:
Supreme Court of Texas
Court of Criminal Appeals
The Supreme Court of TX handles civil appeals.
True
The Supreme Court of TX engages in a variety of administrative activities such as establishing rules for the judicial agencies etc.
True
The Court of Criminal Appeals is the highest court for appealing criminal cases.
True
Unlike the federal court system, TX uses partisan elections for filling the bench.
True
Judicial elections
Terms of Service
Municipal: 2 years
District, county-level, & Justices of the Peace: 4 years.
Appellate (including Supreme): 6 years.
Features of TX Courts :
Partisan Elections
Split High Court
Split High Court
Non-traditional
Partisan Elections
More Accountability
Less Independence
Creates an Incentive to be “Tough on Crime”
May Influence Decisions
May Influence Judicial Quality (especially at lower levels).
The Courts are Political
In Decisions
In Nominations
The TX Court System is Fundamentally Different from the US System
Split Supreme Court
Elected Positions
