federal courts ch.14 Flashcards
All federal judges are nominated
by the president and confirmed by the Senate.
makes up one of the three branches of government.
judicial branch
Case law
judicial interpretations of common- law principles & doctrines, as well as interpretations of constitutional law, statutory law, & administrative law
Judicial Review
the power of the U.S. Supreme Court to review the acts of other political institutions and declare them unconstitutional.
TYPES OF FEDERAL COURTS
U. S. District Courts
U.S. Courts of Appeals
The United States Supreme Court
U.S. DISTRICT COURTS
U.S. district courts are trial courts, & are courts of original jurisdiction.
*There are 94 district courts, and at least one district court for every state.
Trial court
the court in which most cases begin
Original jurisdiction
the power of a court to hear and decide a case first.
Appellate jurisdiction
the power of a court to receive cases from trial courts for the purpose of reviewing whether the legal procedures were followed properly
U.S. COURTS OF APPEAL
A party who is dissatisfied with the decision of a district court can appeal the case to the appropriate U.S. court of appeals, or federal appellate court.
*There are 13 U.S. courts of appeals
THE U.S. SUPREME COURT
- is the highest court in the land.
- 9 members on the U.S. Supreme
- The U.S. Supreme Court has both original & appellate jurisdiction
WHICH CASES REACH THE SUPREME COURT?
- Whether a legal question has been decided differently by various lower courts & needs resolution by the highest court
- Whether a lower court’s decision conflicts with an existing Supreme Court ruling
- Whether the issue could have significance beyond the parties to the dispute
- Whether the solicitor general is pressuring the Court to take a case.
Writ of Certiorari,
order issued by a superior court to one of inferior jurisdiction demanding the record of a particular case.
Rule of Four,
requirement that a minimum of four justices must vote to review a lower court case by issuing a writ of certiorari.
Majority opinion
an opinion written by a justice who represents a majority of the court.
Plurality opinion
an opinion written on behalf of the largest bloc of the justices, representing less than a majority, who agree on the reasons supporting the Court’s decision
Concurring opinion
an opinion written by one or more of the justices who agree with the decision but for different reasons than those stated in the majority opinion.
Dissenting opinion
an opinion written by one or more justices who disagree with a decision.
federal judges
The president appoints all federal judges, and all federal judges must be confirmed by the U.S. Senate.
Once appointed to such a judgeship(850)
a person holds the job for life.
Judges serve until
they resign, retire voluntarily, or die
Senatorial courtesy
in the selection of lower federal court judges, deference shown to home-state senators who are of the same party as the president
Judicial activism
the belief that the Supreme Court should make policy and vigorously review the policies of other branches.
Judicial restraint
the belief that the Supreme Court should not become involved in questioning the operations and policies of the elected branches unless absolutely necessary.
