Exam 3 142 Flashcards
What are some cases federal courts have jurisdiction over?
Violation of federal laws, treaties with other countries, the US Constitution, citizens of more than one state, appeals from state level cases, and decisions from State Supreme courts
Why is the Judiciary Act of 1789 important? What does it establish?
It created the current sense of judicial review. It establishes and grants the Supreme Courts power to reverse laws when they are in clear conflict with the Constitution, federal laws, or treaties.
What is the goal of federal trial courts?
Original jurisdiction/ to discover the facts and create records
What are federal trial courts required to provide?
- a grand jury- hear evidence and determine if defendants should be indicted or tried
- petit jury- a 12 member trial jury and a unanimous jury verdict
- on lone judge per case except when specified by statute
What does an appellate court do?
Retakes a case where no new facts may be presented. Considers only the records of the trial courts or oral or written briefs and arguments from submitted to attorneys
Th US Supreme court has how many justices?
1 chief justice and 8 associate justices
4 different types of opinion?
Majority opinion- has to be written explaining why they voted the way they did
Concurring opinion- agrees with rulings of case but not reasons behind
Dissenting opinion- opinion that disagrees with both the discussion and majority reasoning
Per curium opinion- unsigned
3 rules of access to the supreme court?
Cases and controversies- two truly adversarial parties; courts will refuse to consider its constitutionality until the laws fully applied
Standing access- shows potential injury to oneself
Mootness- disqualified cases that are brought late after the relevant facts have changed or problem has been resolved by other means
What is the writ of habeas corpus?
Second channel towards the supreme court review in case their direct appeal from the highest court fails
Why is the solicitor general important?
Appointed by the president; the top lawyer in all cases involving the federal government, sets the agenda for he supreme court, files briefs for accepted cases
What judicial review?
The right of the judiciary branch to rule acts of congress as unconstitutional
What are the 4 types of jurisdiction?
Original- certain type of case at a certain type of court
Appellate
Exclusive- the only court at can hear that type of case
Concurrent- overlapping original jurisdiction between courts
2 types of local courts?
Municipal courts and court of record
What type of jurisdiction does a municipal court have?
Concurrent jurisdiction with the justice of the peace
What are the jobs of the justice of the peace courts?
Has original jurisdiction to perform marriages, notary for public, magistrate for higher courts, acts as a coroner if the town does not have one ( does not need medical training)
What are the 2 types of county level courts?
Constitutional county courts and probate courts
What is the job of statutory probate court?
To help with case overload from Constitutional county courts and have civil jurisdiction for cases over $100,000
What type of cases do district courts hear?
Family, criminal, and civil cases
What is a panel of three?
3-5 judges must hear every case to make it fair
What does En Banc man?
In full (or all judges are available for use)
What are some additional jobs the supreme court carries out?
Makes procedural rules for lower courts, approves law schools, appoints board of examiners, monitors case loads of 14 lower appellate courts and redistributes cases if needed
What are some problems with the Texas judicial system?
No concurrent structure, overlapping/unclear jurisdiction, judges with no legal training, and a need for constant campaigning and raising funds
Who is John Jay?
The first supreme court justice
How did Marbury v Madison establish the current sense of judicial review?
It helped define the boundary between the Constitutionally separate judicial and executive branches of government. It also mostly formed the judicial branch.
What does Alexander Hamilton say about judicial review in the federalist paper #78? Is he for or against judicial review?
It set the precedent for a truly separate judicial branch that was impartial and had judges elected that were of good moral standing. He would be for judicial review because it allowed the judicial branch to check the legislative branch (a branch that is highly partisan) for constitutionality of their decisions
What is a unitary system?
Regional and local governments have only the powers which are given them by the state government.
What is a supplemental law where it concerns local government?
Creating that framework for the local government as discerned by the TX constitution
How does federalism work through the three tiers of local government?
It goes from state to county to city
What is fiscal federalism?
The use of national financial incentives to encourage policies at state and local levels
Why does administrative federalism not provide funding to states when it hands down policy?
It gives a broad policy guideline but does not control the laws because they are financially responsible for the city
What kind of county government do we have in Texas? Explain
Commissioners court has 254 counties in Texas with the same government for each. It is made up of 4 elected commissioners and 1 county court judge
What are the differences between general law city and home rule city?
A home rule city has to apply for home rule and must have more than 5,000 to apply. They must then have a city charter and choose their type of local government. General law has a default of status that follows the local government code for TX. There are 3 types
What are the three types of cal government found in general law cities?
- Weak mayor- directly elected mayor, elected council, council and mayor work together
- council manager- council is elected; council hires manager to deal with day to day activities and is depoliticized.
- Strong mayor- the mayor is the executive function. The council is the legislative branch. The mayor has more power and makes budgets, sets agendas, and has veto power
How does an independent school district function as a form of local government?
Because they elect school boards, collect taxes, and provide guidelines for their district
