Judicial Flashcards
what are the supreme court judges named+ what are all the others named
Justice, judge
What do federal courts deal with
federal law, constitutional issues, treaties
what happens if a state is named in a court case
goes straight to supreme court
Common law
legal presented established by the court
regulatory ruling
looking at if a regulatory agency is legal or not
statutory ruling
looking through bills passed by congress to see if they are legal
What comes out of Marbury v madison
Judicial review
What does the Judiciary act of 1789 do
sets up a 3 court system
What types do district courts hear
Trial court, civil or criminal
what types do circut courts hear
only appealate civl or ciminal cases
what types do sup court hear
both original jurisdiction and appealate cases
how would a case be original jurisdiction in sup court
state or ambassador is in the case
ruling of the marbury v madison case
Marbury won, but it said that clause 13 of the judiciary act of 1789 was unconstitutional since it purported to extend the Court’s original jurisdiction beyond that which Article III, Section 2, established. definition in the constitution. the ruling did not mean that Marbury got his postion though, just that it should not have been in the sc.
litigates in civil cases, who has burden of proof
plantiff (has burden of proof) the sue person, defendant was the person being sued
litigates in criminals cases
prosecution (burden of proof) is the government, defendant person in question
justiciablity
Justiciable refers to a matter which is capable of being decided by a court
amendment 6
fair speedy criminal trial
amendment 5
grand jury and due process
district criminal courts judges and juries
2 or more judges, 2 juries, Grand jury for indictment (see enough evidence for charge), pedit jury determines guilt
what are the 2 types of courts in district courts
regular, bankruptcy
district civil jury and judges
just pedit jury to determine guilt, maidtrate judges
what is a magistrate judge
appointed, fixed term, hearing pretrial motions only, in a district court
who has a US attorney
every district has one, there are many assistant attorneys workling with them
how does US attorney get office and what they do
appointed, aprv by congress, works with DOJ and rep gov if in case, prosecutes victims
what happens if you dont have an attorney
public defenders office provides you with one
how do circut courts get trials
they have to take all appeals
what happens if a criminals case is decided in district court
there can only be an appeal from the party if they assume a sentencing errors, the serious error of law, abuse of discretion, ineffective counsel, improper jury conduct, and prosecutorial misconduct. The federal government cannot appeal criminal cases
what are circut court trials about
legal, constitutional, not about guilt or innocence
how does circut come to agreement
3 jusge panel and its majority rules.
what courts are binding
supreme court, basically circut but not actually
what is remand back
in circut court when they are told to hear the trial again from previous courts
When is a Supreme court case chosen
if there is a big constitutional disagreement, if there is a discresion between circut and og jurisdiction and other og jurisdiction cases like treaties, states and forigen gov
what in congress sets number of seats
senate judiciary comitee
when does supreme court start
first monday of october- april
how is an appeal voted on to go to supreme court
the justices vote on petition and if 4 agree to take the case, there is a writ of certorar to send case up
what is the first thing that happens in a supreme court case
anyone can submit briefs by issuing amicus curide
what is the supreme court calander
docette
what happens after brief in sc+ what are both sides named
petetioner vs respondent, both get to talk for 30 min
what does the cheif justice do
presides over court, control budget, creates opinion on case and sets presendent on case
who represent the US in SC case
the solicitor general represents governemt and is appointed by the president
what is neccesary for the SC to vote on ruling
6 have to be there, 5 have to vote
what are the different types of opinion
majority, concuring (voted w maj for diff reason), decenting (minority voting)
when can an opinion be issued
only on fully heard cases
what is an unsigned opinion
pqrceium opinion where they go through briefs and issue opinion
what are non chief members of supreme court named
associate justices
what is judicial implementation
where they call on executive branch to implement the policy
what is judical restraint
trying to let legistaltion do their job
what is judicial activism
legislation from bench
senatorial coirtesy
president speaks with senators from state of appointed district court and make sure they are respectable.
Writ of Certiorari
court process to seek judicial review of a decision of a lower court to the supreme court
Writ of Mandamus
order from a court to an inferior government official ordering the government official to properly fulfill their official duties
Stare decisis
the legal principle of determining points in litigation according to precedent. AKA precedent
majority opinion
A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court’s decision
dissenting opinion
A dissenting opinion is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.
appellate jurisdiction
the Court has the authority to review the decisions of lower courts
Original jurisdiction
Original jurisdiction means that the Supreme Court is the first, and only, Court to hear a case. The Constitution limits original jurisdiction cases to those involving disputes between the states or disputes arising among ambassadors and other high-ranking ministers.
Political Question doctrine
rule that Federal courts will refuse to hear a case if they find that it presents a political question.
Standing to sue
Standing to sue refers to having the right to file a lawsuit. The plaintiff must provide sufficient evidence to convince the jury that the defendant’s conduct directly resulted in the plaintiff’s injuries and damages.
Legislative courts
Courts that hear only certain types of cases such as bankrupcy
constitutional courts vs legislative courts
Constitutional courts exercise the judicial power described in Art. III of the Constitution; legislative courts do not and cannot
What is the original intent?
the notion that the judiciary should interpret the Constitution (including its amendments) in accordance with the understanding of its framers
Class action
one of the parties is a group of people who are represented collectively by a member or members of that group.
amicus curiae
An amicus curiae is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case.
Concurring opinion
an appellate opinion of one or more justices or judges which supports the result reached in a case for reasons not stated in the majority opinion.
dual court system
state and federal matters are handled separately.
litmus test
a litmus test is a question asked of a potential candidate for high office, the answer to which would determine whether the nominating official would proceed with the appointment or nomination.
adversary system
adversary system resolves disputes by presenting conflicting views of fact and law to an impartial and relatively passive arbiter, who decides which side wins what
Grand Jury
The purpose of the Grand Jury is to hear testimony from witnesses and review the State’s evidence to determine if there is probable cause to issue an indictment against a suspect
Plea Bargin
A defendant agrees to admit they are guilty of a criminal offense, rather than making the prosecutor prove their guilt beyond a reasonable doubt.
warren court
The Warren Court was the period in the history of the Supreme Court of the United States during which Earl Warren served as the chief justice.
Burger court
1969 to 1986, when Warren Burger served as Chief Justice
Marshall court
1801 to 1835, when John Marshall served as the fourth Chief Justice
Rehnquist court
William Rehnquist served as Chief Justice
due process
due process, a course of legal proceedings according to rules and principles that have been established in a system of jurisprudence for the enforcement and protection of private rights
Equal protection clause
clause of the 14th amendement that restricts states: nor shall any State deprive any person of life, liberty, or property,
Exclusionary rule
a law that prohibits the use of illegally obtained evidence in a criminal trial.
Incorporation
The incorporation doctrine is a constitutional doctrine through which parts of the first ten amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through the Due Process clause of the Fourteenth Amendment. Incorporation applies both substantively and procedurally.
Prior restraint
judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. In US law, the First Amendment severely limits the ability of the government to do this.
Symbolic speech
Symbolic speech consists of nonverbal, nonwritten forms of communication, such as flag burning, wearing arm bands, and burning of draft cards
