Federal Judicary Flashcards
Bench Trial
a trial without a jury
Jurisdiction
the right, power, authority of a court to hear and decide a case
Original jurisdiction
trial courts does 3 things in order;
- hears evidence
- determines facts
- applies the law
Appellate jurisdiction
reviewing a case that has already been tried to make sure no mistakes in law
Venue (under original jurisdiction)
make sure the case is being brought to the right court
Change of venue
wants moved to a different location, wants a jury trial but due to pre trial publicity it would be hard to find un unbiased jury
-Could also change for inconvenience
Trial in a civil case
Plaintiff v. Defendant
Trial in a criminal case
State v. Defendant
Equity
Petitioner v. Respondent
Plaintiff v. Defendant
Appealed
Appellant v. Appellee
- has to take all appeals
- appellant believe there is a mistake in law
- can only have one appeal per case
Petition
Petitioner v. Respondent
- after appeal turns into petition
- petition does not have to be accepted
Dual court system
each level of court has its own court system
3 broad areas that have jurisdiction;
1. Federal Question
national government sources of law raises a federal question ex: statutes
3 broad areas that have jurisdiction;
2. Federal party
anytime the national government is a party in a case then Federal courts has jurisdiction
3 broad areas that have jurisdiction;
3. Diversity
civil cases of at least $75,000 where the citizens are from different states/country
Three judge district court
-in 4 areas is allowed
-3 judges, no jury
-decision is the majority
-MUST HAVE: 1 U.S. district court judge
1 court of appeals judge
the last could be either
(can never be a U.S Magistrate judge)
4 areas
- reapportionment (redrawing of legislative election district)
- certain civil right cases
- federal election campaign finance act
- certain anti trust cases
Disadvantage of 3 judge district court
3 judges doing the job of one judge
Advantage of 3 judge district court
if there is an appeal it goes straight to the U.S supreme court
Military Justice
U.S. Court of Appeals for the armed service (as high as can go) under specialized federal court
Federal taxes
U.S. Tax court (original jurisdiction)
Claims against federal government
U.S. court of federal claims(original jurisdiction for contract disputes between U.S. gov and some businesses)
International trade and customs
U.S. court of international trade
U.S. court of appeals for the federal circuit
appellate jurisdiction is limited/ specific
- U.S. court of Federal claims
- U.S. court of internatioinal trade
- Patent
- Trade marks
- Copy rights
Difference between constitutional v. legislative 1:
- CONSTITUTIONAL: district courts, 12 federal court of appeals, the supreme court has broad general jurisdiction
- LEGISLATIVE: specialized courts, narrow and specific jurisdiction
Difference between constitutional v. legislative 2:
CONSTITUTIONAL: Judges on Article 3 hold their office during good behavior-life term, congress cannot reduce salaries
-LEGISLATIVE: judges serving Article 1 legislative there is a specific term, congress can reduce salary
Difference between constitutional v. legislative 3:
- CONSTITUTIONAL: judges on Article 3 only have judicial power & duties
- LEGISLATIVE: Article 1 has judicial powers and legislative powers, administrative powers because under congress law making power
Difference between constitutional v. legislative 4:
Article 1; DEPENDENT of congress
Article 3: INDEPENDENT of congress
Trial courts
primarily focus on norm enforcement ad a little on policy making
norm
principle binding upon members of a group such as society which serves to guide, control, or regulate proper and acceptable behavior
norm enforcement
upholding what has been deemed the norm
-creation of a new norm is policy making
Appellate Courts
primarily focus on policy making and a little on norm enforcement
U.S. court of appeals
- 12 divided up by geography
- at least 3 states per numbered court of appeals
- Maryland= 4th circuit, includes VA, WV, NC, & SC
- D.C. circuit has its own because the national gov. is located there
Three judge panels
multiple can running at a time
En Banc= all panels running at the same time
U.S. Supreme court
only court created in the constitution-article 3
- original and appellate jurisdiction
- 11th amendment altered jurisdiction- state v. state
- congress determines supreme court appellate jurisdiction
- SPECIAL MASTER: usually a retired federal judge gathers info from each state and makes recommendation as to what supreme court should do
Rule of 4
takes 4 justices to take a case
- 4% of cases are historically accepted
- presently only 1% accepted
writ of Certiorari
court order to whatever court last had the case to send up recored= occurs in petition cases
-in any appellate court nothing changes on a tie vote= last decision is upheld
-congress by statute determines the number of justices on the supreme court 9
(9 on court since 1869)
