Fed Courts Flashcards

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1
Q

Fed Courts - SC control over Art 1 Courts

A

SC retains “essential attributes of judicial power” - can review art I courts decision affecting life/liberty/property

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2
Q

SC Original JDX (PACS)

A
  • Public Ministers - Ambassadors - Consuls - State as party (btwn states none concurrent)
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3
Q

SC Appellate JDX - 2 types

A

1) Discretionary - Writ of certiorari 2) Mandatory - Appeal (when judgment by 3 judge panel from federal district court)

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4
Q

SC Appellate JDX - Discretionary : 2 situations

A

1) When issue of CX of treaty/statute at state high court 2) All cases from Fed Court of Appeals (Circuit)

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5
Q

SC Appellate JDX - Discretionary - Review issues from Fed Court of Appeals

A

1) When conflict between decision from Circuit court with other circuit’s decision or SC decision
2) When a significant Q of Law is presented
3) When issue of substantial public interest

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6
Q

Fed District Court- JDX (3)

A

1) Fed Q
2) Diversity + amount
3) Supplemental jdx

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7
Q

Cx - Federal Courts

A
  1. Art III Courts: SC + Circuit (appeals) + district
  2. Art I courts: for special purposes
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8
Q

Cx - Federal Courts - Art III courts / appointment, benefits, creation

A

SC/ Circuit/District

  • appointment: Nominated by POTUS with confirmation by senate majority
  • Removal onlt by act of congress - impeachment
  • Benefits: life tenure and salary protection
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9
Q

Cx - Federal Courts - Art I Courts - Examples

A

Special purposes - for the “other enumerated powers of congress”

  • i.e. tax, DC, military
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10
Q

Cx - Federal Courts - Art I and Art III Courts Relations - SC Control

A

“ESSENTIAL ATTRIBUTES OF JUSTICE”

  • limits congress to exclude entire classes of cases from art III courts review WHEN:
  • Issues of life/liberty/property

Art I courts decisions are to be reviewed by Art III courts

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