Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

gov111 > federal courts > Flashcards

federal courts Flashcards

1
Q

what are the 4 features of the judiciary to ensure an independent legal system?

A

autonomy
hierarchy (federal courts can overturn decisions of state courts or higher federal courts may reverse the decision of lower courts)
judicial review
lifetime appointment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

judicial review

A

SC and other courts of appeals can strike down actions of congress, the president, or states that judges find to be violations of constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

categories of law

A

criminal, civil, public

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

criminal law

A

government charges individual with violating a statute enacted to protect health, safety, morals or welfare
- arises in state and municipal courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

civil law

A

disputes among individuals or a private party (companies) between the latter and government where no violation is charged; pay monetary damage; courts apply statutes and legal precedetends

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

public law

A

the dispute seeks to show that their case involves the powers of government or rights of citizens as defined under the consititution or statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

administrative law

A

disputes over the jurisdiction, procedures or authority of bureaucratic agencies, e.g. an individual asserts that government is violating a statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

federal system case trajectory

A

us district courts -> us courts of appeals -> request for reviews-> SC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

State system case trajectory

A

State trial courts-> State apellate courts-> State supreme courts-> request for review-> sc

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what cases takes the federal system?

A

cases involving federal laws, treaties with other nations or us constitution; in which us government is a party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

article III

A

judges of both supreme and inferior courts shall hold their offices during good behavior

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

good behavior

A

judges are not appointed to their seats for set terms and cannot be removed at will; removal requires impeachment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

how many judicial districts are there?

A

94

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

into how many regional circuits are the judicial districts organized

A

12

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what cases can be appealed to us sc?

A

both ciil and criminal cases if a federal issue is raised

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

what kind of cases does the sc accept?

A

cases whose matter might have a national signigicance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

what’s habeas corpus

A

through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

how can a defendant request a writ of habeas corpus

A

the defendant must have used up all available possibilities for getting a writ from the state and must raise issues not previously raised in their state appealate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

from whom one can get a writ of habeas corpus?

A

federal district courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

who has appellate jurisdiction over habeas decisions made in federal district courts

A

sc and federal courts of appeals

21
Q

how many federal judges are in total

A

879, assigned to district courts according to the workload

22
Q

what must the federal courts provide

A

a grand jury and a 12-member trial jury

23
Q

what’s the task of the appellate court?

A

to determine whether or not the law was applied correctly in the trial court

24
Q

how many court of appeals are there

A

12, each for the 12 judicial circuits

25
Q

how are judges appointed?

A

president appoints federal judges; constitution requires the the advice and consent of the senate, easy to get approval if both senators belong to the president’s party;
- requires senatorial courtesy (approval)
- approved by senate judiciary committee
- confirmed by a majority vote in the senate

26
Q

supremacy clause

A

article VI - the constitution and laws made under its authority are supreme law of the land

27
Q

does the sc have the power to strike down state constitutions and law

A

yes, judiciary act of 1789, can strike them down when they are in conflict with the constitution, federal laws or treaties

28
Q

what cases the sc has jurisdiction on?

A

cases b/ us and a state
- case involving 2 or more states
- cases involving foreign ambassadors or other ministers
- cases brought up by one state against citizens of another state or foreign country

29
Q

what happens with the cases brought up by one state against citizens of another state or foreign country

A

usually disputes over land, water, old debts
-court appoints a special master (retired judge) who hears the case and presents a report
- the sc allows the disputing states to present arguments for or against the master’s opinion

30
Q

rule of access

A

federal courts developed rules for which cases within their jurisdiction they will hear

31
Q

what is the criteria to have a case considered by the appellate courts

A

1 ripeness
2. standing
3. mootness(open for debate) | Roe v. Wade

32
Q

how do most cases reach the sc?

A

through writ of certiorari

33
Q

writ of certiorari

A

formal request to have the court review a lower court decision ; 90 days to file a petition for it;
- justice’s law clerks evaluate the petitions from the certiorari pool and write a memo summarizing
-justices review the memo and can place it on the discuss list
- if the case isn’t placed on the list, it is denied certiorari

34
Q

forma paupersi

A

filled by prison inmates, the court waives the fees and most other requirement

35
Q

how many justice must agree for certiorari to be granted?

A

4 justices must agree that the case meets the rule 10 os sc: certiorari can be granted when there is compelling reasons (conflicting decisions by 2 or more circuit courts or state courts)

36
Q

how can cases reach sc without a writ of certiorari

A

thru writ of certification: us court of appeals asks sc for instructions on a point of law that has never been decided

37
Q

writ of appeal

A

a case can reach sc thru appealing the decision of a three-judge district court

38
Q

solicitor general

A

3rd in status in the justice department (below attorney general and deputy general); represents the US government before SCOTUS

39
Q

amicus curiae

A

briefs in cases filled by the solicitor general in which the federal government has a significant interest

40
Q

describe the preparation for a case in sc

A
  1. attorney on both sides prepare briefs(why should the court be on their side)
  2. petitioner’s brief
  3. respondent’s brief
  4. petitioner’s reply
41
Q

petitoner’s brief

A

summary of the the case and why the court is asked to overturn the lower court’s decision

42
Q

respondent’s brief

A

why the could should affirm the lower court’s verdict

43
Q

petitioner’s reply

A

attempt to refute the points made in the respondent’s brief

44
Q

sc decision making process

A

petitons
certiorari pool
discuss list
conference
briefs or amicus curiae briefs
oral argument
conference
opinion and dissents

45
Q

judicial restraint

A

refusal to go beyond the text of the constitution in interpreting its meanins

46
Q

judicial activism

A

court should see beyond the text of constitution to consider the broader societal implications of its decisions

47
Q

textualism

A

Textualism is a mode of legal interpretation that focuses on the plain meaning of the text of a legal document. Textualism usually emphasizes how the terms in the Constitution would be understood by people at the time they were ratified, as well as the context in which those terms appear.

48
Q

originalism

A

original intent and original meaning

49
Q

living constitution

A

judges shouldn’t focus on what the Constitution says, but what it ought to say if it were written today.

gov111 (9 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions