Exam 3 142

Question 0

What are some cases federal courts have jurisdiction over?

Answer 0

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

Question 1

Why is the Judiciary Act of 1789 important? What does it establish?

Answer 1

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.

Question 2

What is the goal of federal trial courts?

Answer 2

Original jurisdiction/ to discover the facts and create records

Question 3

What are federal trial courts required to provide?

Answer 3

• 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

Question 4

What does an appellate court do?

Answer 4

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

Question 5

Th US Supreme court has how many justices?

Answer 5

1 chief justice and 8 associate justices

Question 6

4 different types of opinion?

Answer 6

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

Question 7

3 rules of access to the supreme court?

Answer 7

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

Question 8

What is the writ of habeas corpus?

Answer 8

Second channel towards the supreme court review in case their direct appeal from the highest court fails

Question 9

Why is the solicitor general important?

Answer 9

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

Question 10

What judicial review?

Answer 10

The right of the judiciary branch to rule acts of congress as unconstitutional

Question 11

What are the 4 types of jurisdiction?

Answer 11

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

Question 12

2 types of local courts?

Answer 12

Municipal courts and court of record

Question 13

What type of jurisdiction does a municipal court have?

Answer 13

Concurrent jurisdiction with the justice of the peace

Question 14

What are the jobs of the justice of the peace courts?

Answer 14

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)

Question 15

What are the 2 types of county level courts?

Answer 15

Constitutional county courts and probate courts

Question 16

What is the job of statutory probate court?

Answer 16

To help with case overload from Constitutional county courts and have civil jurisdiction for cases over $100,000

Question 17

What type of cases do district courts hear?

Answer 17

Family, criminal, and civil cases

Question 18

What is a panel of three?

Answer 18

3-5 judges must hear every case to make it fair

Question 19

What does En Banc man?

Answer 19

In full (or all judges are available for use)

Question 20

What are some additional jobs the supreme court carries out?

Answer 20

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

Question 21

What are some problems with the Texas judicial system?

Answer 21

No concurrent structure, overlapping/unclear jurisdiction, judges with no legal training, and a need for constant campaigning and raising funds

Question 22

Who is John Jay?

Answer 22

The first supreme court justice

Question 23

How did Marbury v Madison establish the current sense of judicial review?

Answer 23

It helped define the boundary between the Constitutionally separate judicial and executive branches of government. It also mostly formed the judicial branch.

Question 24

What does Alexander Hamilton say about judicial review in the federalist paper #78? Is he for or against judicial review?

Answer 24

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

Question 25

What is a unitary system?

Answer 25

Regional and local governments have only the powers which are given them by the state government.

Question 26

What is a supplemental law where it concerns local government?

Answer 26

Creating that framework for the local government as discerned by the TX constitution

Question 27

How does federalism work through the three tiers of local government?

Answer 27

It goes from state to county to city

Question 28

What is fiscal federalism?

Answer 28

The use of national financial incentives to encourage policies at state and local levels

Question 29

Why does administrative federalism not provide funding to states when it hands down policy?

Answer 29

It gives a broad policy guideline but does not control the laws because they are financially responsible for the city

Question 30

What kind of county government do we have in Texas? Explain

Answer 30

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

Question 31

What are the differences between general law city and home rule city?

Answer 31

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

Question 32

What are the three types of cal government found in general law cities?

Answer 32

1. Weak mayor- directly elected mayor, elected council, council and mayor work together
2. council manager- council is elected; council hires manager to deal with day to day activities and is depoliticized.
3. 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

Question 33

How does an independent school district function as a form of local government?

Answer 33

Because they elect school boards, collect taxes, and provide guidelines for their district