Judicial Branch Flashcards
How are supreme court justices picked?
The president nominates a person, then the Senate has to affirm the choice.
What is one of the most important supreme court cases?
Marbury v. Madison
What was the ruling in Marbury v. Madison?
judicial review
What is judicial review?
the power to declare congressional and presidential acts invalid because they violate the constitution (as well as national, state, and local laws)
What did the Constitution call for?
“one supreme court”
How did Congress create federal courts?
Judiciary Act of 1789
Who was the chief justice in Marbury v. Madison?
John Marshall
What is the supreme court’s relationship to the constitution?
the supreme court is the final interpreter of the Constitution
What does Hamilton say about the Supreme Court?
Federalist 78- it is important for the Constitution to have a Supreme Court. “do not have to the power of the sword (executive) or pen (legislative)”
What is a criminal law case?
the government charges a person with violating a specific law; it warrants punishment or fine
What is a crime?
violation of a law that forbids or commands an activity
What do all penal codes criminalize?
rape, murder, and arson
What are penal codes?
records all of the laws and punishments for violating them that Congress creates
What is crime a violation of?
public order
What are criminal cases in court usually about?
tax evasion or the use of computers to counterfeit money or bank checks
What are civil cases?
that involve a private dispute arising from such matters as accidents, contractual obligations, and divorce
What do most civil and criminal cases end in?
a plea bargain
What is a plea bargain?
a defendants admission of guilt in exchange for a lesser punishment
What happens when cases are not settled or abandoned?
end in adjuction
What is adjunction?
court judgement resolving the parties claims and enforced by the gov
What are the two ways judges make policy decisions?
- through their rulings on matters that no existing legislation addresses (sets precedent) using common or judge-made law
- application of statutes enacted by legislation (how the statute should be used)
What are the US District Courts?
Every state has at least one and it is the entry point for the federal court system; tried by a single judge (like a normal court with witnesses and cross examinations)
What are the sources of litigation of the District Courts?
-Federal Criminal Cases
-Civil Cases
(these can be brought by individuals or groups)
What is the US Court of Appeals?
All district court cases can be appealed to one of these 12 courts (they hear cases in their geographical location); no jury, witnesses, or cross, and three judges
What is a circuit?
the geographical location of courts
What are briefs?
The written arguments of the courts
What is precedent?
a judicial ruling that serves as the basis for the ruling in a subsequent case
What does stare decisis mean?
“Let the decision stand”- decision making according to precedent; the original ruling stands
What are the two sources in which cases from the supreme court come from?
- Original Jurisdiction: the authority of a court to hear a case before any other court does (this mainly pertains to Article 2 Section 2 of Constitution- any matters of state/ambassadors/public ministers)
- Appellate Jurisdiction: the authority of a court to hear cases that have been tried, decided, or reexamined in other courts (Congress can eliminate this jurisdiction if needed)
What 2 conditions must litigants in state cases who invoke appellate courts must have?
- the case must have reached the end of the line in the state court system (cannot just jump from federal to state)
- the case must raise a federal question (constitutional, national law, US treaties)
Does the court control its docket?
They have complete control
How many cases do they take a year?
80 out of 9,000
What does Centiorari mean?
“to become informed”- what the requests are called
What do the justices hold weekly? Why?
secret meetings to vote on previously argued cases and consider adding new cases to the docket
Who preps the cases to be viewed by the justices?
the law clerks screen and create summaries.
What does the chief justice circulate?
a “discuss list” of worthy petitions
What is the “rule of four”?
an unwritten rule that requires at least 4 justices to agree that a case warrants consideration before it is reviewed by the court
What are the majority of supreme court cases?
business matters; but they do not get the same coverage as social issues
What does the solicitor general do?
vital role in agenda setting
-determines whether the gov should appeal the lower courts cases
-reviews and modifies briefs filed in gov appeals
-decides whether the gov should file an amicus curiae brief in any appellate court
What is the solicitor general?
the third highest ranking member in the US Department of Jusiticeand the one who represents the national gov before the supreme court
What is an Amicus Curiae brief?
“friend of the court” a brief filed (w the permission of the court) by an individual or group that is not a party to a legal action but has interest in it to provide additional information
What 2 major roles does the solicitor general play?
- advocates for the president’s policy preferences
- defends the institutional interests of the national gov
What does a normal court cases look like for the supreme court?
The attorneys submit briefs. Judges do not discuss matters before the oral argument. Each side gets 30 minutes; sometimes their is a cross. The judges interject with questions.
How often are cases seenin the court?
Oct- Apr; 2-3 hours a day; 5-6 days a month
When do the details of cases become open to the public?
a week after the trial, the transcripts are released; CSPAN also has live updates. NO phones are allowed to record or anything in court.
What happens when a decision is being made?
The judges shake hands and go to the bench. Then the Chief Justice begins the presentation of each case with a summary and his vote followed by a summary and the vote of other justices in seniority.
What is judicial restraint?
a judicial philosophy by which judges tend to defer to decisions of the elected branches of gov; elected reps make the laws not unelected judges
What is Judicial Activism?
A judicial philosophy by which the judges tend to not defer to decisions made by the elected branches of gov; use power to promote preferred social and political goals
What is an Argument?
the heart of the judicial opinion; its logical content separated from facts, rhetoric, and procedure
What is unanimous?
all judges agree with the judgement and argument
What is concurrence?
all judges agree on judgement but they have different arguments
What is the dissent?
The disagreement of a judge with a majority decision
Who decides who writes the majority opinion?
the chief justice
What factors influence who writes the majority opinion?
workload, expertise, public opinion, and ability to hold the majority together
How does a final majority opinion get finalized?
The justice works with law clerks to draft; then copies get get sent out who read and send suggestions and criticisms. Then it gets revised, and the final opinion read is summarized in the courtroom.
What are the 3 main jobs of the chief justice?
- forms the docket and directs the court’s conferences
- generates solidarity within the group
- provides intellectual and policy leadership
What is every case a dispute between?
a plaintiff and a defendant
What does standing to sue mean?
the plaintiff must have interest in a case to challenge a law
What is a class action lawsuit?
people in similar scenarios sue
How to get to supreme court?
- Independent regulatory commission or 91 district courts, then 12 appeal courts
- important ones go straight to court or can be appealed to federal circuit appeals
What are the legislative courts?
Military appeals
Federal claims
International trade
Tax court
Does the number of justices on the supreme court matter?
no
What cases are original jurisdiction for the supreme court?
matters of state vs:
state(s)
gov
citizen
other govs
How can justices be removed?
conviction or impeachment (only happened 7 times)
What is senatorial courtesy?
-for district court, the Senate does not confirm nominees if they are opposed by a senator of the president’s party from the state in which they would serve
-for appellate courts, the Senate does not confirm nominees if they are opposed by a senator of the president’s party from the state in which they reside
This gives senators the power to choose judges, and limits the presidents power.
Who is the chief justice right now?
John roberts
Who is the solicitor general right now?
Elizabeth Prelogar
How does a case get selected?
- comes from the federal/state court system and meets requirements
- at the meeting, judges discuss cases and go over summaries
- rule of four
- added to docket
How many justices must participate in a vote?
6
What is the difference between original intent vs. original meaning?
intent: it was meant to say this when it was ratified, so the court will uphold that sentiment and precedent
meaning: making modern interpretations of the law
What is an originalist view?
discarding the contemporary/modern views, and going with the original meanings of the constitution
What is the living constitution?
the constitution should be adapted for modern problems, it grows with us
What is judicial implementation?
refers to how a court’s rulings turn into policy because they rely on other branches to make it happen
Who are the supreme court associate justices?
Clarence Thomas, Samuel Alito, Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, Neil M. Gorsuch, Brett M. Kavanaugh
What is judicial restraint?
the ability to do minimal policymaking roles and defer to legislature as much as possible
