Con Law Midterm Flashcards
The authority of a court to hear a case for the first time.
original jurisdiction
The authority to review the decisions of lower courts.
appellate jurisdiction
the two types of jurisdiction
original jurisdiction and appellate jurisdiction
the three types of appellate jurisdiction
matter of write, certification, Writ of Certiorari
A discretionary order issued by the Supreme Court to review a lower court’s decision. Not all requests are granted.
Writ of Certiorari
Lower courts may certify questions to the Supreme Court for guidance on important legal questions.
Certification:
the ability of certain cases to be heard by a higher court as a matter of right, meaning the court must hear the case if specific criteria are met.
Matter of Right:
The Supreme Court has original jurisdiction in cases involving what?
ambassadors, other public ministers, and those in which a state is a party.
most supreme courts fall under what category of jurisdiction/
original jurisdiction
At least four justices must agree to hear a case for it to be placed on the Court’s docket.
rule of four
marbury v madison precedent:
Established the principle of judicial review, allowing the Supreme Court to invalidate laws and executive actions deemed unconstitutional.
mcgrain vs daughtery
Established Congress’s authority to compel testimony in investigations.
what are the three requirements for legislative representative members?
Must be at least 25 years old, a U.S. citizen for at least seven years, and reside in the state they represent
martin v. hunters lessee precedent:
Affirmed the Supreme Court’s authority to review state court decisions.
how many years do reprentatives serve?
2
what are the three requirements for us senators?
Must be at least 30 years old, a U.S. citizen for at least nine years, and reside in the state they represent.
how long is the term for us senators?
six years
what are the four types of congressional powers?
enumerated powers, implied powers, inherent powers, amendment enforcing powers
enumerated powers
Specifically listed in the Constitution (e.g., taxation, regulation of commerce).
implied powers
Derived from the Necessary and Proper Clause, allowing Congress to enact laws not explicitly listed in the Constitution.
inherent powers
Powers that are necessary for the federal government to function (e.g., immigration control).
amendment-enforcing powers
Powers derived from the enforcement of constitutional amendments (e.g., the Voting Rights Act).
what are the two decision making theories used by justices?
realistic theories and legalistic theories
realistic theory
Acknowledge the influence of external factors such as social context, the justices’ personal ideologies, and public sentiment on legal decisions.
legalistic theories
Focus on strict adherence to statutes, precedents, and constitutional interpretation.
Justices prioritize legal reasoning over personal beliefs
what are three political factors that play into court decisions?
Justices may factor in public opinion, political climate, and the potential impact of their rulings on society
what are the four things that article three accomplishes?
- Establishes the judicial branch
- outlines the structure of the federal judiciary.
- Creates the Supreme Court
- grants Congress the authority to establish lower courts.
