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Judicial Flashcards

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1
Q

What are the two separate court systems in the US

A
  1. State courts

2. Federal judiciary

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2
Q

Jurisdiction (def)

A

The authority of a court to try and decide a case

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3
Q

To be heard in a federal court, what categories must a case fall into?

A
  • interpretation of the US constitution
  • question of admiralty / maritime laws
  • state suing another
  • ambassador of a foreign govt
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4
Q

Difference between exclusive and concurrent jurisdiction

A
  • exclusive: case may be decided only in one system of courts
  • concurrent: case may be tried in either a state or federal court
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5
Q

Difference between original and appellate jurisdiction

A
  • original: case is first heard by a certain court

- appellate: court hears a case on appeal from a lower court

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6
Q

What is the rule of senatorial courtesy

A

The president appoints someone recommended by senators of that state involved

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7
Q

Informal qualifications for judges

A
  • previous leading attorney
  • law school prof
  • members of congress
  • state court judges
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8
Q

Judicial restraint

A

Philosophy that believes that as much as possible, the members of the judiciary should be bound by the framers original intent

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9
Q

Explain what would happen in the constitution was vague with a judge whose philosophy was judicial restraint

A

The judge would try to extrapolate what framers would have intended and use that to guide their decision

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10
Q

Explain what would happen if the constitution was silent with a judge whose philosophy was judicial restraint

A

They would defer it to the legislatures of state governments rather than seeking to expand rights / overturning a law

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11
Q

Judicial activism (def)

A

Judicial philosophy that believes the constitution should be best interpreted as a “vague” living document with meanings that will change

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12
Q

Explain what would happen if the constitution was vague or silent with a judge whose philosophy was judicial activism

A

The judge will read it with his / society’s view in mind and conscious awareness that we are not bound to its original intent

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13
Q

What did the founders expect of the judicial branch

A

That judges would only find and apply existing law

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14
Q

For how long are the judges regular (constitutional) courts appointed?

A

For life — until they die, resign, or retire

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15
Q

How can justices be removed

A

Impeachment

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16
Q

What does the lifetime appointment of judges ensure

A

Independence of the federal judiciary

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17
Q

What is the retirement package that congress has provided for judges

A

Some may retire at 70, and if they have served at least 10 years then they receive a full salary for the rest of their lives

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18
Q

What does a US Marshall do

A

Makes arrests in federal criminal cases and responds to emergency situations (riots, mobs etc.)

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19
Q

Where are 80% of the federal cases heard?

A

District courts

20
Q

What is the role of the courts of appeals

A

Gatekeepers to relieve the Supreme Court of the burden of hearing appeal from district courts

21
Q

How can the federal govt be sued

A

After the federal court of claims hears the case

22
Q

Role of territorial courts

A

Function like the local courts of the Virgin Islands, Guam and northers marianas

23
Q

How does the court of appeals for the armed forces work

A
  • Strictly for more serious court-martial convictions
  • civilian tribunal
  • separate from the military establishment
  • justices are not members of the armed forces
24
Q

What kind of cases does the court of appeals for veteran claims hear

A

Mishandled, valid claims for veterans benefits

25
Q

Who is current Chief Justice of the Supreme Court

A

John Roberts

26
Q

Who decides how many justices there will be

A

Congress

27
Q

How many judges are there? How many females?

A
  • 9 judges

- 3 women

28
Q

Power of judicial review

A

Right of federal courts to declare laws of congress and acts of the executive branch void if they are in conflict with the constitution

29
Q

Where do most Supreme Court cases come from

A

On appeal from the lower federal courts and highest state courts

30
Q

What is the rule of four

A

At least 4 of 9 judges must aggressively that a case should be put on the courts docket

31
Q

Docket (def)

A

Courts list of cases to be heard

32
Q

Writ of certiorari

A

An order by the court directing a lower court to stand up to the record in a given case for its review

33
Q

Significance of white and red lights on the advocates lectern when he argues a case for the Supreme Court

A

Timing:

  • has 30 minutes to speak
  • after 25 minutes the light turns white
  • full 30 minutes is reached = light turns red to signify the end of their time
34
Q

What does the solicitor general do

A

Represents the US in all cases to which it is a party

35
Q

Amicus briefs

A

Briefs filed by the people / groups who are not actual partners to a case, but who have substancial interest in its outcome

36
Q

The difference between majority opinion and a dissenting opinion

A
  • majority: courts opinion stands as a precedent (example)
  • dissenting: written by justices who do not agree with the majority decision and hope that one day it will become the majority opinion
37
Q

Who said: “the seed of destruction of our federal govt is the federal judiciary”

A

Jefferson

38
Q

Who said: “the judiciary has neither force nor will, but merely judgement” in Federalist 78

A

Hamilton

39
Q

The witness security program is administered by

A

US Marshall

40
Q

Who sees the salaries of all the federal judges

A

Congress

41
Q

The president appoints federal judges “by and with the advice and consent of the ___”

A

Senate

42
Q

How does a case reach the Supreme Court?

A
  • party appeals to Supreme Court
  • 4 judges have to call for a cert (rule of 4)
  • put it on the docket
43
Q

Defend judicial restraint

A
  • document and its principles have lasted so long
  • activism allows judges too much power: they are free to legislate as they see fit with no restraint
  • their issues are nearly always liberal ones — gay rights, abortion, expanding affirmative action etc.
  • should instead amend the constitution formally rather than having judges try and fix society’s problems
44
Q

Defend judicial activism

A
  • living document
  • written so long ago we have to interpret it in the light of modern times
  • judges are trustworthy experts on the constitution
  • interpretation of gray areas should come from an independent judiciary and not subject to the whim of majority rule through legislature
  • many injustices would be without remedy if not for an activist court including abortion, segregation, and the rights of the accused
45
Q

What happened in the Marburg vs Madison case? What did it do for the Supreme Court?

A
  • Marburg sues the court for a writ of mandamus bc John Marshall failed to deliver commissions to the midnight judges
  • decision made the judicial branch equal and gave the federal courts the power of judicial review

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