judical court supreme Flashcards
criminal law
felonies, misdemeanor, prosecuted by the state against you
civil law
between people people and or corporations - by private lawyers (usually settled out of court)
both criminal and civil cases include:
trail and verdict by a jury or your peers and the judge runs the trial, sets the punishment
original jurisdiction
authority to hear cases for the first time. must be heard here before onto appellate
appellate jurisdiction
hears the cases that have been brought them on appeal from a lower court.
review –> affirm or reverse decision
adversarial system
legal issues are debated by two opposing sides.
presumption of innocence
everyone is viewed to be innocent until proven guilty
where does the burden of proof fall ?
on the prossecution
what is the only court mentioned in the Constitution?
the supreme court
who has the power to create all other federal courts
congress
the judiciary act of 1789
-established the idea of the three-tired structure of the federal court
- sets 6 judges on the supreme court ( later expanded to 9)
appellate courts /circuit courts
-reviews all decisions of district courts
- rules in decisions of regulatory agencies
-do not hear testimony or hold trials
federal District courts
- 94 district courts staffed with about 700 total judges
-every state has at least one district court
who appoints all federal judges
president
confirmed by senate
senatorial courtesy
unwritten tradition that the senate won’t confirm nominations fro lower court positions that are opposed by a senator of the president’s own party from the state in which the nominee is to serve
chief justices responsibilities
- assign the writing of opinions <– most important
- presides over meetings
- shapes the court’s “direction” (ideology)
things to consider when nominating a justice
competence
ideology
diversity/ethnicity
amicus curiae brief
“friend of the court” submitted by a party that is not in the case that is meant to persuade the judges to a side and give legal reasoning for why.
rule of 4
in order for a case to be heard, 4 of the nine judges need to hear the case
habeas corpus
“that you have the body” - issued to determine the person’s detention in prison is lawful. basically used for a person to know the legal justification for why they are held
why does a case get heard by SCOTUS?
-fed gov asked for an appeal
- case has conflicting opinions
- new civil rights/liberties questions
- significant political urgency
writ of certiorari
an order by the court directing a lower court to send up the record and documents from the lower case so that they can review it.
what does the writ of certiorari allow the court to do?
allows for control and limits its case load
- cases must have a serious issue
the supreme court: order of hearing a case process
- filling of briefs
- oral arguments
- conference and vote
- writing the opinions
majority opinion
officially the opinion of the court and viewed as the law of the land
Concurring opinion
justice sided with the majority but has different opinions for doing so
minority/ dissenting opinion
articulates disagreement withy the majority and why. has no legal standing but can be examined later if precedent is in question in the future
star decisis
” let the decision stand”
the principle that all courts should respect the precedent established by prior decisions on similar cases (legal questions already settled)
judicial restraint
the general interpretation of how the courts are supposed to function in the 3 branch system
- the court should rely only on precedent
- framer’s original intent to decide issues
- defer to Congress and elected officials on matters
judicial activism
-courts should correct injustices other branches caused
- promote social justice and progress
(constitution is a living document)
the supreme court is insulated and protected from social pressures and public opinion because
-life long terms
-can’t decrease pay ( congress can’t control them by that)
- certiorari process ( get to pick cases they want regardless of public interest)
-limited access
the supreme court is aware of public opinion because …
-political process ( elected officials appoint and confirm judges so their views reflect theirs )
- proposed amendments ( if Congress hates your decision on the constitution then they can amend the constitution so it works for them)
-add justices (congress can pack the court minimizing current political preferences)
- impeachment ( if you do a no-no then they will remove you )
