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.