Chapters 11 And 12 Flashcards
Litigant
A person engaged ina lawsuit
Petit jury
A trial jury, usually consisting of 6 or 12 people, that weighs the evidence presented at a trial and renders a verdict
Grand jury
A group that hears charges against a suspect and decides whether there is sufficient evidence to bring the person to trial
Indictment
A formal charge by a grand jury
Judicial circuit
A region containing a United States appellate court
Opinion
A written explanation of a supreme courts decision
Writ of certiorari
An order from the Supreme Court to a lower court to send up the records on a case for review
Brief
A written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of a case
Amicus curiae
Latin for friend of the court
A written brief from and individual or group claiming to have info useful to a courts consideratiob of a case
Stare decjsis
A latin term meaning “let the decision stand”
I
Principle that once the court rules on a case, its decision serves as a precedent on which to base other decisions
Precedent
A model on which to base later decisions or actions
Bloc
Coalition that promotes a common interest
Swig vote
Deciding vote
Explain the difference between concurrent jurisdiction, original jurisdiction, appellate jurisdiction
Concurrent- both states and federal gives have authority to hear case
Original- district court they have authority to hear case first
Appellate- can only hear case on review
What type of cases do federal courts have jurisdiction over
If involves: Federal law
Constitution
Treaty
Bankruptcy
Write out: What is judicial review
Authority of the court to review actions of govt and determine if they are constitutional
Explain the due process clause
When a state can not deprive you of life, liberty, and property without following specific procedures
Explain the purpose of district courts. Where are they located? What type of cases do they hear? What percent of cases do they hear
Purpose: they are the trail courts for criminal and civil federal cases
94 across the states
Hear 80% of criminal and civil cases
What is the federal courts of appeal store? How many are there? How are they divided up around the nation?
Are responsible for hearing appeals from the district court
They are divided into 12 circuits and 1 national court
Matching: Court of international trade
Jurisdiction over cases dealing with tariffs
Based in NYC but hears cases in other port cities
US court of federal claims
Handles claims against the us for money damages
-person who believes govt hasn’t paid bill sue in this court
US tax court
Cases relating to fed taxes
Comes from citizens disagreeing w/IRS
US Court of Appeals for the Armed Forces
Armed forces highest appeals court
Cases of armed forces members convicted of breaking military law
Territorial courts
Exist in Guam, Puerto Rico, etc
Courts of the District of Columbia
Judiciary system for fed district/nations capital
Includes fed district courts, court of appeals, and local courts
Courts of veterans appeals
Hears appeals from board of veterans appeals
Deals with veterans claims for benefits and other problems
Foreign intelligence surveillance court
Authorized to secretly wiretap people suspected of spying against us.
Give an example of a case that the Supreme Court has original jurisdiction over
Original jurisdiction if involves a foreign diplomat, if states are involved, or states sues the fed govt
Give an example of a case that the Supreme Court has apeallate jurisdiction over
Comes from lower court of appeals
What are the three decision-making task of the suprme court
- Which case to hear
- Deciding the case its self
- Write the opinion
Lisiting: Who are the current Supreme Court justices
Roberts Chief Justice Alito Souter Breyer Kennedy Thomas Stevens Vader Ginsburg
Name some of the duties of the justices
Have to decide cases and write opinions
Each responsible for federal circuit
Can take on additional limited duties outside the court
How are the Supreme Court justices given the job? How long do they say
Appointed by the president approved by the senate
Serve for life
Explain what justices do during a session. Know that a session general is the last from
Sit for 2 weeks each month to hear and announce cases, rest of the time they decide which cases to hear, write opinions, and meetings
Last from October to June
No the four ways a case married to the Supreme Court and having a different
Writ of certiorari- party in a case seeks review and the court requests records on the case
Appeal- someone has requested a lower courts decision to be reviewed on a case dealing with the constitution
Solicitor general- lawyer for the us govt will pursue cases in the Supreme Court
Original jurisdiction- if Supreme Court has original jurisdiction
Listing: Westin describe the steps to the deciding major cases
Submitting briefs- lawyers on each side submit written statement of their legal argument
Oral arguments- each side gets 30 minutes to present their case and be questioned by the justices
Conference- justices meet in private, debate the case and vote
Writing the opinion- a justice is assigned to explain the courts decision
Explain the difference between majority opinion, concurring, unanimous, and dissenting
Majority: winning
unanimous: everyone agrees
Concurring: agree but for a different reason
Dissenting: losing opinion
What are the three tours the court as for shaping policy
Judicial review, interpreting the meaning of laws, overruling and reversing its previous decisions
What are the limits on Supreme Court authority
Types of issues Types of cases Control of agenda Lack of enforcement power Checks and balances
Name the 5 forces that shape the decisions the court makes
Existing laws Personal views of justices Justices interactions with one another Social forces and public attitudes Congress and the president
Give examples on how the president and congress can influence the court
Congress: Set # of justices and salary, senate approves them, can limit types of cases that come to Supreme Court, rewrite laws
President: can appoint justices or refuse to enforce their decision
