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
