Exam 1: The Federal COurt System pt.2 Flashcards
1
Q
What is constitutionality?
A
When the courts determine whether a law or action is in accordance with the constitution
2
Q
What are the two outcomes that the federal courts can declare?
A
Constitutional and Unconstitutional
3
Q
A constitutional verdict determines that
A
a law or action is permissible under the constitution
4
Q
Was the military drafts declared constitutional or unconstitutional?
A
Constitutional
5
Q
What is an example of a constitutional outcome?
A
The military draft
(in the constitution it states that congress can maintain the military. in essence, congress can make sure that we have a military. thus ruling the military draft constituional)
6
Q
An unconstitutional outcome states that
A
a law or action is NOT permissible under the constitution
7
Q
What is an example of an unconstitutional outcome?
A
If congress makes a law stating that everyone must be Christian.
(*whatever congress or the executive did is NOT under the constitution)
8
Q
What is Precedent?
A
Prior cases whose rulings are used by judges as the basis for their decisions in a present case
(When the court looks back on prior cases & sees how they ruled before)
9
Q
Precedent is our
A
CONSISTENCY in the court
10
Q
What is stare decisis?
A
The judge uses the same ruling as a prior case.
(the court makes the same decision)
11
Q
stare decisis means
A
let the decision stand
12
Q
T/F: A judge always has to rule stare decisis.
A
FALSE
judges do not always have to rule stare decisis.
13
Q
Article III, Section 1 established
A
the supreme court
14
Q
what article established the supreme court?
A
Article III, Section 1
15
Q
How was the supreme court established under Article III, section 1 of the constitution?
A
Because Article III, Section I of the constitution gave congress the power to establish lower courts to make up a federal court system
16
Q
Article III, Section I states that
A
- congress has the ability to edit court systems
- congress has the power to establish lower courts to make up federal court system.
17
Q
What did Article III, section II establish?
A
- established the TYPES OF CASES to be reviewed within the federal court system (both civil & criminal matters)
- Established jurisdiction
18
Q
What types of cases are reviewed within the federal court?
A
- United states is a party (if the U.S. govt. is involved in the case)
- Between citizens of different states over $75,000
- U.S. Constitution concerns
- Federal Laws
19
Q
What type of federal laws are reviewed in federal courts?
A
- immigration offense
- any crime that takes place on federal land or involves federal officers (theft on military base, crime in a national park, assault on an FBI agent)
- A crime where the defendant crosses state lines
- a crime where the criminal’s CONDUCT crosses state line (selling or manufacturing drugs)
- bank robbery
- Fraud: mail, credit card, internet, identity theft
- Tax evasion
20
Q
What is jurisdiction?
A
the sphere of a courts power and authority
21
Q
In other words jurisdiction is
A
which federal court will hear a case first
22
Q
What is original jurisdiction?
A
Court who hears a case for the FIRST time
23
Q
What is appellate jurisdiction?
A
Courts who hear a case for the SECOND time. These are cases that have been appealed from original jurisdiction courts.
24
Q
What is treason?
A
When a government employee betrays their own country
25
In order to be charged with treason one must __(1)__ or __(2)__
1. confess in court
2. confirmed by TWO high-powered witnesses
26
What individuals can confirm treason?
2 high powered individuals such as high ranking military officials or the president
27
How was the federal court structure established?
Established by Congress with the Judiciary Act of 1789
28
What are the steps of the Federal Court Structure?
1. District Court (Trial Courts)
2. Court of Appeals (Circuit court)
3. US Supreme Court
29
The district courts are also called
trail courts
30
Which courts are the first to hear a civil or criminal case?
District Courts/ Trial Courts
31
What do district courts decide?
Decide issues of guilt and fact
32
what type of jurisdiction do district courts have?
original jurisdiction (hear the case for the first time)
33
What type of jurisdiction does the court of appeal have?
Appellate jurisdiction
34
The court of appeals is also know as the
circuit courts
35
The court of appeal decides on
questions of law, not guilt
(determines whether something LEGALLY WENT WRONG in your last case)
36
When is a persons case heard by the court of appeals?
In order to get your cased moved to the courts of appeal, there must have been an error within the law/ your case. Such as, if your lawyer did not provide evidence that could have lead to a different verdict.
(determines whether something LEGALLY WENT WRONG in your last case)
37
What type of jurisdiction does the U.S. supreme court have?
Appellate Jurisdiction
38
What cases are seen by the U.S supreme court?
Cases against the constitution and supremacy clause cases
39
T/F: the U.S supreme court is the second stop for your case.
FALSE
The supreme court is the LAST STOP for your case
40
How many courts are within the supreme court?
THERE IS ONLY ONE SUPREME COURT
41
The U.S. Supreme court has __(1)__, which means that they __(2)__
1. Discretionary Review
2. get to PICK THEIR OWN CASES
42
Who created the federal court structure?
CONGRESS
43
How did congress create the federal court structure?
with the Judiciary Act of 1789
44
T/F: Federal judges are elected.
FALSE
federal judges are appointed
45
What are the 3 steps process of how a supreme court justice gets appointed?
1. President List
2. Senate Judiciary Committee
3. Senate Majority Vote
46
What is a majority vote?
50% + 1 of yes votes
47
Explain, in detail, the process of how a supreme court justice is appointed.
1. Presidential list
* president has 2 list. (1) is a senatorial courtesy list & the other is a list from the American bar association --> does not have to pick from this list
* President picks candidate
2. Senate Judiciary Committee
* senate investigates & interviews presidents candidate
3. Senate Majority Vote
*Whole senate votes
* Has to be a majority vote --> 50% + 1
* If senate votes yes, you become a judge. If not, the process starts again with a whole new judge
48
How long do justices serve on the supreme court?
Until they die or retire
49
What are the THREE limitations of the federal courts?
1. Can't rule if they see the other branches doing something wrong. Instead, they MUST WAIT FOR A CASE.
2. Very difficult to enforce their decisions
3. The president and congress can shape the courts decisions
50
How can the president and congress shape the courts decisions?
Through the decision of the executive appointment, can be more conservative or more liberal
51
What court case is an example of a limitation of the federal courts?
Brown v. the Board of Education: It took several years before every state/county desegregated schools right away.
52
T/F: the federal courts can automatically stop a branch when they are doing something they deem unconstitutional.
FALSE
the supreme court/ any federal court has to wait until a case is created
53
What is the structure of the supreme court?
8 Justices & 1 Chief Justice
54
why is their 9 total justices on the supreme court?
to prevent a tie
55
T/F: The Chief Justice can be nominated without any prior experience on the supreme court
TRUE
56
The supreme court is divided by an
ideological block
57
what is an ideological block
how many justices are conservative or liberal
58
Currently the supreme court is divided by __(1)__ conservative justices & __(2)__ liberal justices.
1. 6
2. 3
59
What court case was the beginning of the supreme court?
Marbury v. Madison
60
What court case established the power of judicial Review?
Marbury v. Madison
61
What is Judicial Review?
The supreme court ability to review other branches actions under the constitution.
(determines if the executive & legislative (congress) branches are following the constitution)
62
What was the ruling of Marbury v. Madison?
1. Ruled that the jobs were constitutional and legitimate. However, the supreme court couldn't force Madison to give the papers
2. Judicial Review
63
What were the two questions asked to the Supreme Court during Marbury v. Madison.
1. Should Mr. Marbury and others still be given a job?
2. Does the supreme court even have the power to review & decide this case?
64
What is the background of the court case Marbury v. Madison?
President John Adams was leaving office and his adversary, Thomas Jefferson, was replacing him. They did not like each other!!!! As such, Adams decided to fill federal government positions with his friends before he left office. He was allowed to do this under the Constitution. This became known as the “Midnight Appointments.” In essence, those who got a job in the federal government by Adams had to be given an official letter before they could start their job. Adams ran out of time before giving everyone their letters. Thomas Jefferson’s administration came in and his Secretary of States, James Madison, was responsible for handing out the rest of the letters. To no one’s surprise, Madison didn’t hand out the letters!!! As such, people like Mr. Marbury, didn’t get their jobs. So, Mr. Marbury sued Mr. Madison so that he could get his job back. It was then up to the Supreme Court to decide whether or not Mr. Marbury and others should get their jobs since it was matter under the Constitution.
65
During what months does the supreme court operate in?
October - June
66
How many cases make it to the supreme courts docket?
less than 10%
67
What is a docket?
the supreme courts schedule
68
What phrases are used in the supreme court?
Petitioner & Respondent
69
What is a petitioner?
The person bringing the case to the supreme court
70
What is a Respondent?
the person being brought to the supreme court
71
If John wants to have his case heard in the supreme court what must he first do?
fill out a Writ of Certiorari
72
What is a writ of certiorari?
an official application to the US supreme court
73
How are cases selected for the supreme court?
selected through the RULE OF FOUR
74
What is the Rule of Four?
4 out of 9 justices must agree to take on a case
75
What must the petitioner and the respondent do once their case gets accepted by the supreme court?
Both sides file BRIEFS to be reviewed by the justices
76
What is a Brief?
the petitioner or respondent's side of the story/ case
77
What are Amicus Curiae Briefs?
"friends of the court"
large organizations that tell the supreme court what they think about the case
(they help out the supreme court)
78
How long are ceremonial oral arguments?
30 mins for each side
79
Ceremonial arguments are
each sides day in court.
they are going to court to present their case
80
After ceremonial arguments are heard then what occurs?
The Justices go to conference
81
What happens after the Supreme Court chooses a case?
1. Both sides file Briefs
2. large organizations file amicus curiae briefs
3. ceremonial oral arguments
4. conference
5. judicial opinions
6. ruling
82
What is a conference?
a private meeting where the supreme court decides how they are going to rule.
they speak in ranks
83
T/F: the supreme courts gives its ruling after the conference is finished.
FALSE
the supreme court MUST FIRST write a judicial opinion before they can announce a ruling
84
Why can' t the supreme court justices announce their ruling after the conference?
Because they must FIRST write a Judicial opinion to EXPLAIN THEIR RULING ON A CASE
85
Why do justices write judicial opinions?
to assist with precedent
86
What are judicial opinions/ opinions?
A very large legal document to explain their ruling on a case
87
What is the main goal of an opinion?
to assist with precedent
88
What are the 3 aspects of judicial opinions?
1. majority opinion
2. concurring opinion
3. Dissenting opinion
89
What is a majority opinion?
an opinion of more than half of the justices on why they ruled the way that they did on a case
90
what is an example of majority opinion?
7-to-2 justices vote for the respondent. The majority opinion would be the opinion of the 7 but only one justice writes the majority opinion
91
How many justices write the majority opinion?
ONLY 1 out of the majority write the majority opinion
92
What is a concurring opinion?
where one of the majority justices gives their own additional perspective on why they ruled the way that they did.
"I concur"
93
What is a Dissenting Opinion?
the opinion of the minority justices and why they voted the way that they did
