Judicary Flashcards
Qualifications
nominated by the president
confirmation by us senate
Powers
Judicial review
holds that the courts are vested with the authority to determine the legitimacy of the acts of the executive and the legislative branches of government.
Overturn lower court, i.e. not abide by stare decisis
the legal principle of determining points in litigation according to precedent.
Jurisdiction
the official power to make legal decisions and judgments
Original court
Original jurisdiction means that the court has the right to hear the case first.
appellate court
Appellate jurisdiction means that the court hears an appeal from a court of original jurisdiction
(especially of a court) concerned with or dealing with applications for decisions to be reversed.
Fed. #78
has to do with judiciary review
Judiciary Act of 1789, what did it do?
it gave structure to our current judicial system
Marshall Court
(john marshall expanding the the power the supreme court)
Marshall Court
Early 1800’s
Expansion of SCOTUS power thru judicial review
Thus expands the power of the central govt, how?
Marbury, McCulloch, Gibbons
marbury v Madison
created the doctrine of judicial review and set up the Supreme Court of the United States as the chief interpreter of the Constitution.
writ of mandamus
to properly fulfill their official duties or correct an abuse of discretion..
mcCulloch v Maryland
the Supreme Court ruled Congress can use constitutional power to build a national bank.
supremacy of federal law
gibbons v ogden
Congress has the power to “regulate commerce” and that federal law takes precedence over state laws.
Taney courts
Mid-1800’s
Dominated by Southerners, slave owners
Promoted?
-state rights and property rights
Dred Scott
Dred scott case
-Dred Scott v. Sandford, 60 U.S. 393, was a landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, and thus they could not enjoy the rights and privileges the Constitution conferred upon American citizens
1860 - early 1900s
Dealt with questions regarding regulation of economy
Progressive goals v. laissez-faire
Narrow interpretation of 14th and 15th Amd (Plessy)
plessy court case
plessy v ferguson
plessy was 1/8th black
1896
could segregate if their equal
Plessy v. Ferguson was important because it essentially established the constitutionality of racial segregation.
14th amedment
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
15th amedment
the United States Constitution prohibits the federal government and each state from denying or abridging a citizen’s right to vote “on account of race, color, or previous condition of servitude.”
new deal era
- Dominated by aging conservatives
- Resist FDR’s New Deal legislation
- Court packing, “a switch in time that saved 9”
Unconstitutional → NIRA, AAA…why?
agricultural adujusment act
National Industrial Recovery Act
it unduly burdened processors with taxes, money that was then used to fund the subsidies for farmers. The Court decided that this power should have been reserved for the states, via the Tenth Amendment.
warren court
1953-1969
Warren appointed by Ike, big disappointment, why?
Precedents established reshaped the realm of personal liberties
Solidly liberal, much criticized by conservatives then and now
Brown, Miranda, Gideon, Mapp v Ohio
mapp v Ohio
exclusionary rule - this case found that the exclusionary rule, which prohibits prosecutors from using evidence acquired illegally in violation of the Fourth Amendment, applies to both federal and state governments
burger court
1969-1986
Appointed by Nixon
More conservative than Warren, no fundamental reversals though
Precedents are mixed
Roe, Weber, US v. Nixon
Rehnquist court
1986-2006
Appointed by Reagan
Conservative court
No monumental reversals
Incremental restrictions (abortion)
Many pro-state decisions
Roberts court
2006-present
Appointed by Bush2
Conservative
Handling less cases
Wedge topics leading to more 5-4 decisions
Heller v. DC, 2006 (gun), Citizens United v. FEC, Affordable Care Act (King V. Burwell, 2015), marriage equality (Obergefell v. Hodges, 2015)
Article 3 Courts
3 tiers: district courts, court of appeals, and SCOTUS
District courts
Original jurisdiction
94 districts, 93 federal prosecutors, 650 judges
at least 1 per state
hear cases where:
federal govt is a party
federal question
constitutional question
federal statute
courts appeals
appellate jurisdiction
12 reg. courts, 200 judges
Fed. Circuit Court (13th court) (1982) (patents, trademarks, US govt. is a party)(national jurisdiction)
hear all manner of appeals
usually tribunal, rarely en banc
often rely on stare decisis
only apply to that geographic region (9th circuit, Pledge)
SCOTUS: supreme court o the United States
9 members (1 CJ, 8 AJ)
most usually appellate
sit en banc - means on the bench
final arbiter - someone who has the power and responsibility to make judgments and decisions that cannot be changed by anyone else:
small staff, 400 or so
CJ presides over public sessions, conducts private conferences, assigns opinion writing, oath of office
who are the members of SCOTUS(include ideology who they where appointed by)
john roberts cheif justice, appointed by George W. Bush jr, moderate conservative , 2nd olesst
Clarence Thomas associate justice, appointed by George W. Bush, conservative , oldest member
Samuel A. Alito, Jr., Associate Justice, nominated by George W. Bush, conservative
Sonia Sotomayor, Associate Justice, nomitnated by Barack Obama liberal
Elena Kagan, Associate Justice, nominated by barack obama, liberal
Neil M. Gorsuch, Associate Justice, nominated by Donald J. trump, conservative
Brett M. Kavanaugh, Associate Justice, nominated Donald J. trump, conservative
Amy Coney Barrett, Associate Justice, nominated by Donald J. trump, conservative
Ketanji Brown Jackson, Associate Justice, more moderate, Joeseph R. Biden
Article 1 Courts
Aka legislative courts
Created thru constitutional powers provided to the Congress
Specialized tasks (tax, military appeals)
Judges have fixed terms
judical review
holds that the courts are vested with the authority to determine the legitimacy of the acts of the executive and the legislative branches of government.
original intent
judicial discretion
What should guide decision-making?
act according to the dictates of their own judgment and conscience within general legal principles.
Loose v. strict
What is judicial restraint?
the concept of a judge not injecting his or her own preferences into legal proceedings and rulings.
What is judicial activism?
the practice of judges making rulings based on their policy views rather than their honest interpretation of the current law.
Pro’s/Con’s of judicial activism?
pros
It creates an equilibrium in different government departments.
It enhances people’s faith in the judiciary
Where the law fails to meet the expectations, judicial activism comes into play.
Judicial activism helps judicial mechanisms to prevent haste misuse of power by the state machinery.
Aids in speedy justice.
cons
The judgements delivered via judicial activism mode set a basic rule for other judgements.
Recurring review of judgements can result in a loss of faith in the judiciary.
State and Central machinery functioning become limited with judicial activism.
Statutory and legislative laws are violated.
Decisions or orders can be influenced for personal gains.
Getting on the Bench
Nomination - by the president
Lower Federal Courts
general procedure
senatorial courtesy
SCOTUS
factors affecting nomanation
experience
age
ideology/more moderate
race and gender
confrimation proccess
FBI vetting
ABA vetting
Senate Judiciary Committee
Recent appointments?
Carter
Reagan
Bush1
Clinton
Bush2
Obama
Trump
How/Which cases get to SCOTUS?
Approx. 7500 cases submitted per term
SCOTUS controls docket, less than 100
2 most common routes of appeal:
Writ of certiorari, aka a cert
all cert’s must meet 2 req.
In forma pauperis
conference, once per week, discuss list
rule of 4
case selection previewed by clerks (lawyers straight from college)
what is rule 4?
4 members of the court what to hear the case then they can hear that case. majority rule.
How does a case survive the process?
Solicitor General, 10th Justice
The Solicitor General determines the cases in which Supreme Court review will be sought by the government and the positions the government will take before the Court.
the represent the
10th: because they become a justice eventually
not usually asking the court of all manners of cases. when they bring in the cases the court takes. The courts respect the cases the solicitor general gives.
changes president to president
Amicus curiae briefs
friend of the court
breif, legal argument
who asks for a Amicu curiae brief - people who think that it’ll directly impact them
the more it affects people the more likely they are to hear that case
standing
that you’ve been negatively impacted by the law
SCOTUS
Accept case, parties file briefs, invite amicus briefs
Date selected for oral arguments
Oral arguments occur, 30 min per side, questioned by justices
Justices will conference, CJ presides, speak in order of seniority, tentative vote taken
CJ directs opinion writing, many drafts, can hinge on few words
Types of decisions
Majority
Concurring
Dissenting - minority opinion
Per Curium
decisions made public, June/July, binding in all 50 states and US territories
Factors affecting how justices vote?
Judicial philosophy, restraint v. activism
Precedent - so they dont damage the credibly of the court
Behavioral traits
Ideology
Strategy
Public opinion
Checks on Judicial Power
Decisions can be ignored/resisted
Lack enforcement powers - rely on other branch to enforce their will
Confirmation
Impeachment
New laws
New amendments
Altering jurisdiction - can cannot handle, we have broad jurisdiction but you can alter it bay making it larger or narrower
Public opinion
