Federal Courts Flashcards
Jurisdiction (Authority)
the authority of the courts to hear certain cases
Original Jurisdiction (District Courts)
lower courts have authority to hear cases for the first time
Appellate Jurisdiction (Court of Appeals and Supreme Court)
courts that hear reviews or appeals of decisions from the lower courts
Judicial Review (accordance)
the power of the courts to determine whether acts of Congress, and by implication the executive, are in accord with the U.S. Constitution
Constitutional Court (Article III)
federal courts created by Congress under Article III
Legislative Court (Article I)
hear cases arising from the powers given to Congress under Article I
Constitutional Powers of the Supreme Court (Article III)
authority over all other courts, and to which appeals may be made against the judgments of lower courts
US District Courts (91 federal courts of original jurisdiction)
the only federal courts in which trial are held and in which juries may be impaneled
US Court of Appeals (top of state court hierarchy)
appellate courts empowered to review all final decisions of district courts, except in rare cases
US Supreme Court (high court)
The pinnacle of the American judicial system. The court ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law. It has both original jurisdiction and appellate jurisdiction, but unlike other federal courts, it controls its own agenda.
US Court of Military Appeals (Appellate court)
an Article I court that exercises worldwide appellate jurisdiction over members of the United States Armed Forces on active duty
US Court of Claims (United States Court of Federal Claims)
a United States federal court that hears monetary claims against the U.S. government
US Tax Court (taxation)
a federal trial court of record established by Congress under Article I of the U.S. Constitution, section 8 of which provides that the Congress has the power to “constitute Tribunals inferior to the Supreme Court”
US Court of International Trade (United States Customs Court)
an Article III court, with full powers in law and equity
Judicial Restraint (reliance on smaller role-players)
a judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures
Conference (Conference of Senior Circuit Judges)
created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial courts in the United States
Rule of Four (4/9)
four of the nine justices must agree to hear a case
Writ of Certiorari (low to high)
an order from the Court to a lower court to send up the records on a case for review
Brief (shortened explanation)
a detailed statement of the facts of the case supporting a particular position by presenting arguments based on relevant facts and citations from previous cases
Amicus Curiae Brief (relates to briefs)
interest groups write briefs supporting or rejecting the arguments of the case
Stare Decisios (“let the decision stand”)
most cases reaching appellate courts are settled on this principle
Selective Incorporation (Amendment 9)
a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights
Standing (Judicial- locus standi)
the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party’s participation in the case
In Forma Pauperis (waiver $)
a request to have a court waive filing fees in a civil action because the plaintiff is poor
Supreme Court Demographics (6+3= 9 justices)
there are six Roman Catholics currently serving on the court (Samuel Alito, Anthony Kennedy, John Roberts, Antonin Scalia, Sonia Sotomayor, and Clarence Thomas) and three Jews (Stephen Breyer, Ruth Bader Ginsburg, and Elena Kagen)
Supreme Court Nomination (Two Parts)
nominated by the President and approved by the Supreme Court
Supreme Court Litmus Test (conservative/liberal)
test of ideological purity toward a liberal or conservative stand on certain issues like abortion
Grassroots Lobbying (Indirect Lobbying)
influencing government decision makers though indirect pressure (usually in the form of letters, emails, phone calls) from large numbers of constituents
Rating Candidates (voting grade)
an interest group grade each candidate on how well they have voted based on the interests of the group
Senatorial Courtesy (approval/disapproval)
the practice of allowing individual senators who represent the state where the district is located to approve or disapprove potential nominees- District Court nominations
Judicial Activists (interest groups involvment)
emphasizers that the courts can correct pressing needs, especially those unmet by the majoritarian political process
Class Action Suits (conjoined groups)
lawsuits permitting a small number of people to sue on behalf of all other people similarly situated
Solicitor General (#3)
a presidential appointee and the third-ranking office in the Department of Justice
Statutory Construction (constitutional opinion)
the judicial interpretation of an act of Congress
Standing to Sue (interest and drive)
the requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government
Original Intent (Framers’ views)
a view that the Constitution should be interpreted according to the original intent of the framers
John Marshall (Marbury v. Madison)
established the principle of “judicial review” whereby Congressional laws and executive actions may be judged by the Supreme Court to be within the bounds of the Constitution
Warren Court (liberals)
liberal court, civil rights and civil liberties
Burger Court (conservatives)
court became more conservative, dealt with Rove v Wade, Nixon, and affirmative action
Rehnquist Court (limit liberals)
continued to limit but not revese decisions of the earlier more liberal courts
