For Final Flashcards
What are the types of jurisdictions of US Courts?
- Original - where the case is first heard
2. Appellate - cases heard by another court
What is involved in an Original Jurisdiction court?
Presentation of evidence Jury Lawyers ask questions of witnesses One judge Purpose is to uncover facts of case and determine guilt or innocence if violation of law occurred
What is involved in an Appellate Jurisdiction court?
Three or more judges will hear the case
The judges will ask questions of the lawyers
No jury, no evidence, no witnesses
Purpose is to determine if process at lower court level was correct
How do cases reach the Supreme Court in an Original Jurisdiction?
There are controversies between two states
The case involves federal government officials
How do cases reach the Supreme Court in an Appellate Jurisdiction?
(These cases come from US Courts of Appeal or State Supreme Courts)
A review of cases is conducted by law clerks (they know which types of cases are important or their justice is interested in)
Rule of 4 - if 4 or more justices want to hear a case, the case will be heard by the Supreme Court
Writ of Certiorari - order from a higher court to a lower court asking the lower court to hand over a case
Filing of amicus curiae briefs
What are amicus curiae briefs?
“Friend of the court”
Allows interest groups, private citizens, and others to indicate how they feel the Supreme Court should rule.
What happens during Supreme Court decision making?
Oral Arguments in court
The justices have a Conference
They have an assignment of Majority Opinion where the Chief Justice assigns a member to write the Majority Opinion papers
There is a review of drafts
What happens in the Conference the justices have during the decision making process?
Initial Vote
Assignment of the Opinion (ruling of the court)
If Chief justice is in the majority, he/she will write it, esp on important case
Else, he/she will assign someone else
What are the three types of opinions?
- Majority Opinion - Ruling of the court; the decision becomes part of our precedent
- Concurrent Opinion - Concurring (agreeing) opinion - Justice explains why he/she is in majority and raises additional issues
- Dissenting - Why the justice disagrees and what the majority did wrong
What is Judicial Philosophy based on?
The voting record on cases
The opinions written
What are the two key schools of Judicial Philosophy?
- Judicial Restraint
2. Judicial Activism
What is involved in Judicial Restraint?
- The courts should defer to the popularly elected branches of government. Therefore, laws passed by Congress are assumed to be constitutional
- The US Const is understood based upon “Intent of the Framers” (Use the Federalist Papers)
- Precedent is a binding guideline; assume precedent is correct, therefore they should rarely overturn precedent
- If change is needed, we should use the formal amendment process, not court decisions.
What is involved in Judicial Activism?
- The elected branches are expressions of the popular will and majority rule, therefore, they are subject to tyranny of majority
- Who protects the minority party? The courts because they are not elected
- Precedent may be overturned when protecting the the rights of the minority or fundamental rights of citizens
- US Const is a living, breathing document - it changes and evolves over time
What are some advantages to Judicial Restraint?
- Popularly elected branches dominate - people get a say
- Preserves “Original Intent” - Provides a degree of consistency over time. It’s why the const was written in the first place
- Not subject to the political whims of the time
- Changes occur through the constitutional process
What are some advantages to Judicial Activism?
- Evolution; change
- Not locked into late 1700’s
- Need to protect minority rights
