Judicial branch Flashcards
1
Q
The main jobs of the judicial branch
A
- Ensure laws are fairly enforced
- Interprets the law
2
Q
Federal Court Jurisdiction
A
- Federal cases must involve the constitution, federal law, or the federal government (answer on the test)
- These courts handle cases that involve different states or people from different states
- Handle cases that involve some special areas of law as well
- Federal Crimes: Kidnapping, tax evasion, counterfeiting
- Hear civil crimes involving federal laws
- Disagreements between state govts are taken to federal court
- Lawsuits between citizens of different states go to federal court
- Admiralty and maritime laws concern crimes, accidents, and property at sea
- Any dispute between a foreign govt and the US govt
- Any dispute between a foreign govt and an American company or citizen
- American officials at work in another nation are accused of a crime
3
Q
Jurisdiction (SCOTUS)
A
- Original jurisdiction in two types of cases:
- Disputes between two or more states;
- Involved diplomats form foreign countries
- In all other instances, the Court hears cases that have been appealed from the lower courts
- Is the final authority in cases involving the constitution, acts of congress, and treaties with other nations
- All decisions are binding on all lower courts
- Hears only a small percentage of cases
- Decisions of lower courts are in effect unless the court decides to hear that case.
4
Q
Limits of the Supreme court
A
- The court can only hear and make rulings on the cases that come to it;
- All cases taken by the court must be actual legal disputes;
- The court can only take cases that involve a federal question
- The court has refused to deal with political matters
- Has no resource to make govts do what it orders
Disagreeing with the court:
- congress can pass a new law or change a law that the court has found to be unconstitutional
- Congress and state legislatures can also try to pass amendments the would change the constitution
5
Q
Written & Oral Arguments
A
- Lawyers for each side prepare a brief - a written document explaining the position of one side or the other in a case
- Petitioner = BLUE
- Respondent = RED
- Both parties have a chance to review each others briefs and give the court a second brief where they answer the arguments made by the firs brief of the other side
- Reply briefs = YELLOW
The court may accept briefs from parties not part of the dispute but having an interest in the case a govt lawyer may prepare a brief AMICUS BRIEFS - Agree with petitioner= LIGHT GREEN
- Agree with Repondent= DARK GREEN
-All justives review each brief and develop questions as needed
- Lawyers get 30 min to present their oral argument the party appealing goes first
6
Q
Writing options
A
- Written opinion set a precedent (CASE LAW) for lower courts to follow
- Landmark decisions are grouped in four categories
Civil liberties
First Amendment Rights
Federal power
Rights of the Accused - 1 justice writes the majority opinion either the chief justice of the longest serving member of the majority assigns the writing
- MAJORITY OPINION- states the facts and gives the ruling explains the court’s reasoning and draws on precedents
- A justice that agrees with the majority , but for different reasons writes a CONCURRING OPINION
- Justices that oppose the majority decision write a DISSENTING OPINION: explaining why they disagree and cite precedents
- When all justices agree and unanimous opinion in written it has a special force
-All opinions are drafted and reviewed by the justice sht support either the majority or minority opinion
- Justices that wrote the original draft must take into consideration the comments made in the review process as they revise their work
- It is possible that majority supporting justice may withdraw support for the majority opinion
- The court announces its final decision
- Written opinions guide all case law
