Judicial Flashcards
(45 cards)
What are the two separate court systems in the US
- State courts
2. Federal judiciary
Jurisdiction (def)
The authority of a court to try and decide a case
To be heard in a federal court, what categories must a case fall into?
- interpretation of the US constitution
- question of admiralty / maritime laws
- state suing another
- ambassador of a foreign govt
Difference between exclusive and concurrent jurisdiction
- exclusive: case may be decided only in one system of courts
- concurrent: case may be tried in either a state or federal court
Difference between original and appellate jurisdiction
- original: case is first heard by a certain court
- appellate: court hears a case on appeal from a lower court
What is the rule of senatorial courtesy
The president appoints someone recommended by senators of that state involved
Informal qualifications for judges
- previous leading attorney
- law school prof
- members of congress
- state court judges
Judicial restraint
Philosophy that believes that as much as possible, the members of the judiciary should be bound by the framers original intent
Explain what would happen in the constitution was vague with a judge whose philosophy was judicial restraint
The judge would try to extrapolate what framers would have intended and use that to guide their decision
Explain what would happen if the constitution was silent with a judge whose philosophy was judicial restraint
They would defer it to the legislatures of state governments rather than seeking to expand rights / overturning a law
Judicial activism (def)
Judicial philosophy that believes the constitution should be best interpreted as a “vague” living document with meanings that will change
Explain what would happen if the constitution was vague or silent with a judge whose philosophy was judicial activism
The judge will read it with his / society’s view in mind and conscious awareness that we are not bound to its original intent
What did the founders expect of the judicial branch
That judges would only find and apply existing law
For how long are the judges regular (constitutional) courts appointed?
For life — until they die, resign, or retire
How can justices be removed
Impeachment
What does the lifetime appointment of judges ensure
Independence of the federal judiciary
What is the retirement package that congress has provided for judges
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
What does a US Marshall do
Makes arrests in federal criminal cases and responds to emergency situations (riots, mobs etc.)
Where are 80% of the federal cases heard?
District courts
What is the role of the courts of appeals
Gatekeepers to relieve the Supreme Court of the burden of hearing appeal from district courts
How can the federal govt be sued
After the federal court of claims hears the case
Role of territorial courts
Function like the local courts of the Virgin Islands, Guam and northers marianas
How does the court of appeals for the armed forces work
- Strictly for more serious court-martial convictions
- civilian tribunal
- separate from the military establishment
- justices are not members of the armed forces
What kind of cases does the court of appeals for veteran claims hear
Mishandled, valid claims for veterans benefits
