Federal Courts Flashcards
Stare Decisis
“let the decision stand”
most appelate courts settled on this principle
standing to sue
having an actual interest in the case to be able to sue/be part of it
public interest lawyers
lawyers that work for public interest
original intent
constitution should be interpreted as the original framers would have
judicial implementation
how and whether court decisions are translated into actual policy, thereby affecting the behavior of others. The courts rely on other units of government to enforce their decisions
senatorial courtesy
when the president elects a new federal judge, he will go to the two senators from that judge’s state before officially nominating
judicial restraint
acting as the founders would’ve
judicial activism
making decisions based on current times
most cases are heard in
local/state court
John Marshall
4th chief justice, heard Marbury vs Madison
Marbury vs Madison
- judicial review
- under Judiciary Act of 1789, it contradicted Constitution about court’s original jurisdiction.
- marbury lost
first woman on the supreme court
sandra day o’conner
first african american on the supreme court
thurgood marshall
amicus cuiae briefs
“friend of the court” briefs
attempt to influence the court’s decision
district courts
91 federal courts of original jurisdiction. only federal courts in which trials are held and in which juries may be impaneled
jurisdiction:
-federal crimes
-civil suits under federal law
civil suits between people in other states w/ 75,000
-supervision of bankruptcy proceedings
-review of the actions of some federal administrative agencies
-maritime law
-naturalization of citizens
appellate jurisdiction
cases brought to them on appeal from lower courts. Only review legal issues involved
judicial circuits
12 circuits
GA=11
Supreme Court
composed of currently 9 members
take cases to ensure uniformity
4 members must agree to take on a case
most cases from from appellate
jurisdiction of supreme court
between us and state
2 or more states
one state and citizens of another state
state and foreign country
most liberal court
warren
judicial review
power of courts to determine if acts of congress are in accord w/ u.s. constitution. established by marbury vs madison
brown vs board of education
14th amendment-equal protection clause
overturned plessy vs ferguson
Plessy vs Ferguson
Separate but equal was legal
Interpreted 14 amendment
Mcollough vs Maryland
Bank tried to sue Maryland
- cannot sue fed government
- article 1 sec6 supremacy clause
