Emily's notes: The Judicial System

Question 1

How are disputes settled?

Answer 1

In court

Question 2

How many levels of court are there in the US?

Answer 2

Three levels

Question 3

How many court systems are there?

Answer 3

There is a court system for every state and territory and for the District of Columbia

Question 4

How many federal court systems are there? Why?

Answer 4

There is a federal court system with at least one federal court in each state because of the diversity of citizenship

Question 5

What are Criminal suits?

Answer 5

• Arise from violation of some rule, ie., a violation of statutory law
• The government is a party to the suit

Question 6

What are Civil Suits? What is a tort?

Answer 6

• Involve disputes that fall outside criminal law
• The government is not a party, but acts as a referee
• A civil wrong is a “tort”

Question 7

What are the two types of court?

Answer 7

Trial court and appellate court.

Question 8

What is a trial court?

Answer 8

Trial: courts of original jurisdiction

o Fact-finding courts

Question 9

What is an appellate court?

Answer 9

• Appellate – courts of review

o Determine whether the law has been properly applied

Question 10

When writing a lawsuit, the party bringing the actions name is first or second?

Answer 10

Party bringing action always comes first)

Question 11

What is the path of a lawsuit?

Answer 11

• Commonwealth of Virginia v. Putney Pornographer
• Commonwealth v. Pornographer
• Pornographer v. Commonwealth
• Virginia v. Pornographer

Question 12

What does jurisdiction mean?

Answer 12

An area over which a court has authority; the power and authority of a court to hear and determine a judicial proceeding; the area may be geographic or based on the subject matter of the case.

Question 13

What happens if a court does not have jurisdiction?

Answer 13

It may not render a legal decision in the matter

Question 14

What is diversity of citizenship action?

Answer 14

A civil action in which the parties are residents of different states; the U.S. Constitution allows federal district courts to hear such cases, even if the subject matter of the suit is one of state law, as long as the amount in controversy exceeds $75,000

Question 15

What is a plaintiff?

Answer 15

The party who brings a lawsuit

Question 16

What is a defendant?

Answer 16

The party against whom a lawsuit is brought

Question 17

What is writ of certiorari?

Answer 17

First off, a writ is an order by a court requiring some action or giving authority and commission to that act. A writ of certiorari. A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certioari comes from Law Latin and means “to be more fully informed.” A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it. The U.S. Supreme Court uses certiorari to pick most of the cases that it hears.

Question 18

Where do criminal cases go?

Answer 18

Circuit courts to court of appeals

Question 19

Who currently sits on the Supreme Court of the United States?

Answer 19

• Sonia Sotomayor
• Stephen Breyer
• Clarence Thomas
• Antonio Scalia
• John Roberts
• Anthony Kennedy
• Ruth Bader Ginsburg
• Samuel Alito
• Elena Kagen

Question 20

What is the first step in how does the Supreme Court work with new cases?

Answer 20

First, a writ of certiorari is filed.

Question 21

What happens after the writ of certoirari is filed?

Answer 21

The judges vote on it. It’s the rule of 4: if four judges vote affirmative it is granted. If it fails to approve, a justice can dissent from denial of certiorari if he feels it needs to be granted

Question 22

What happens after a writ of certoirari is granted?

Answer 22

• Oral arguments (30. Mins. Per side)
  o Side bringing the case goes first
  o “You should side in this manner because”

Question 23

What happens after a oral arguments?

Answer 23

• Discussion at conference
  o Refer to themselves as conference not the court except when they are on the stand
  o Discuss each case they heard that week
  o Each justice votes on the case
  o Based on that discussion, author of the majority opinion is determined
   Always chief justice, or if not in majority, senior associate justice who is in the majority

Question 24

When the opinions are circulated to the justices, how do the justices tell each other whether or not they want to join the others opinion?

Answer 24

“Dear Chief, join me in the above case” add me to your opinion
o“Dear Chief, as I noted in conference, I dissent”

Question 25

What happens after the justices discuss?

Answer 25

The official opinion is delivered.

Question 26

What is the opinion of the court?

Answer 26

Opinion of the court: the majority, and therefore, controlling opinion. It expresses the judgment of the court and the rationale behind that judgment.

Question 27

What is the judgement of the court?

Answer 27

Judgment of the Court: the result or outcome.

Question 28

What is the plurality opinion?

Answer 28

• Plurality opinion: in the absence of an opinion of the court, the opinion that commands the most votes

Question 29

What is the per curiam opinion?

Answer 29

• Per curiam opinion: unsigned opinion “by the Court”, not much debate over the outcome
• Example: 1973, certain material could be obscene despite 3 part test

Question 30

What is a concurring opinion?

Answer 30

Concurring opinion: an opinion agreeing with the opinion of the court but written to highlight or emphasize a particular point or points

Question 31

What is an opinion concurring in judgement?

Answer 31

Opinion concurring in judgment: an opinion agreeing with the majority or plurality opinion, but not with the rationale, the justice is not counted as part of the majority or plurality

Question 32

What is a dissenting opinion?

Answer 32

Dissenting opinion: an opinion disagreeing with the opinion of the court or with the plurality

Question 33

What is an opinion concurring and dissenting?

Answer 33

The justice agrees

Question 34

What were the facts behind Branzburg v. Hayes?

Answer 34

Branzburg one of the Petitioners observed the making of hashish from marijuana and was later called before a grand jury to implicate the persons involved. Two of the other Petitioners, Pappas and Caldwell, both covered the Black Panthers and were later called to a federal grand jury to discuss their findings. All three reporters refused to participate in the grand juries claiming a newman’s privilege.

Question 35

What was the issue discussed in Branzburg v. Hayes?

Answer 35

Do journalists have a First Amendment right to withhold the identities of news sources from grand juries or other law enforcement agencies?

Question 36

What was the opinion of the court in Branzburg v. Hayes?

Answer 36

White, j by Burger, Blacknum, Powell, Rehnquist = Journalists don’t have a First Amendment right to withhold the identities of news sources from grand juries or other law enforcement agencies but media harassment will not be tolerated

Question 37

Who concurred in Branzburg v. Hayes?

Answer 37

Powell concurred, but the holding is limited

Question 38

Who dissented in Branzburg v. Hayes?

Answer 38

1. Douglas dissents = the right exists
2. Stewart dissents and is joined by Brennan and Marshall = A privilege exists, and a four-part test must be met for it to yield

Question 39

Under what circumstances may the commonwealth of Virginia punish a person for disseminating sexually explicit material?

Answer 39

9 – if the material is without redeeming social value: Opinion of the Court
6 – if the material is without redeeming social value.
1 – under no circumstances
2 – if there is total nudity: Opinion of the Court: Dissenting opinions

Question 40

When is sexually explicit material obscene? Is the material in question obscene?

Answer 40

5 – material is obscene when it is without redeeming social value;
this material is not obscene; conviction rev’d – opinion of the court
1 – there is no such thing as obscene material under the First Amendment; conviction rev’d; opinion concurring in judgment
3 – material is obscene when it is without redeeming social value; this material is obscene; conviction should be aff’d opinion concurring and dissenting