gov ch 8 Flashcards
What two courts are in the Dual court system
Federal vs. State courts
Jurisdiction
The authority to hear and decide each case.
What are examples of cases state courts would take?
more of cases like rape, robbery, murder, misdemeanor crimes - closer to home
What are examples of cases federal courts would take?
national issues, terrorism, bank fraud, mail fraud
Exclusive Jurisdiction
Jurisdiction that depends either on the subject matter (of a case or the parties involved.)
-> A person can only file a bankruptcy action in a federal bankruptcy court.
Concurrent Jurisdiction:
Cases that fall under jurisdiction of both state and federal courts.
-> Both the local police and the FBI having the authority to deal with a case
What does the first court that hears a case have?
original jurisdiction
Plaintiff
The person making a legal complaint in court
- complaining
Defendant:
The person being accused or sued in court
- defends themself
judicial restraint vs judicial activism
a judge who follows judicial activism believes that their own beliefs and opinions should factor into deciding the outcome of cases. However, a judge who follows judicial restraint believes that their own beliefs and opinions play no role in reaching decisions.
Civil cases vs criminal cases
A civil case happens when one person, business, or agency sues another one because of a dispute between them, usually involving money.
a criminal case involve violations of criminal laws
what are grand juries
sometimes used for serious criminal cases: panels of 16-23 citizens used to decide outcome
Appeal:
apply to a higher court for a reversal of the decision of a lower court
appellant
person to files an appeal
procedure of an appeal
appellant usually has to show the original ruling was based on a legal mistake
→ they do not retry cases
What factors are considered when appointing federal judges
- Legal Expertise (need to know everything abt law, law school)
- party affiliation (resonates w the president)
- opinions of the senate (senate has to approve them and like them)
- judicial philosophy
What are the two factors too judicial philosophy
judicial activism
judicial restraint
what is a precedent
previous court rulings
Checks on other branches
Judicial Review
Art. III judges have no term limits
Salary cannot be decreased during term
Checks on Judicial branch
Appointed by president, confirmed in senate
Congress can impeach judges (difficult)
Congress can make amendments to the constitution (difficult)
Plessy V. Ferguson (1896)
→ separate but equal (water fountains, etc.)
Brown v. Board of Education of Topeka, Kansas (1954)
little rock 9
Roe v. Wade (1973)… Dobbs v. Jackson Women’s Health Organization (2022)
→ abortion, activist
what is the supreme court
ultimate appellate court
how many members are on the supreme court
9 justices
what are most cases supreme court hears
cases usually involve major questions about the meaning of the constitution or about federal law
what does it mean by FDR packing the court
→ wanted justices that agreed w his political agenda
how do they choose supreme court judges
- same criteria as other judges
→ political “litmus test”
Writ of certiorari:
a request that the Supreme Court order a lower court to send up the record of the case for review.
How many judges need to agree to hear a case
if four Justices agree to review the case, then the Court will hear the case
Supreme court procedure
Select a case (court requests reviewing) → briefs (written) → oral arguments (heard) ->(read arguments of each of the sides)→ issue opinion
what can the supreme court issue as their decision
Dissenting opinions - if one disagree w/ majority
Concurring opinions - a judge agrees with the ultimate conclusion made by the majority of the court but disagrees on how they reached that decision.
Majority opinion - signed by 5 out of the 9 justices
