judicial branch quiz Flashcards
-lower courts have the authority to hear cases for the first time
Original Jurisdiction
courts that hear reviews or appeals of decisions from the lower courts (Court of Appeals and SCOTUS)
Appellate Jurisdiction
allows certain types of cases to be tried in either the federal or state courts
Concurrent Jurisdiction-
Federal judicial system consists of
constitutional courts and legislative courts
Included-District Courts, Court of Appeals, Court of Appeals for the Federal Circuit and the US Court of International trade-Congress created Legislative Courts (territorial courts, tax courts, Armed forces)
Constitutional courts
- Judiciary Act of 1789
- Serve as trial courts at the federal level
District Courts
- Created in 1891 to help lessen the work load of the Supreme Court
- Decide appeals from US district courts and review decisions of
Court of Appeals
-13 US Court of Appeals
federal agencies
SCOTUS
- Only court created directly by the Constitution
- final authority in dealing with all questions arising from the Constitution, federal law, treaties
- Most cases are on appeal from the district and appellate courts of the federal judicial system
- Cases can come from state supreme courts
- May hear cases of original jurisdiction if the cases involve representatives of a foreign government
- Decisions have string impact on social, economic, and politics
- Congress establishes the size of the Supreme Court having the power to change the size of the court
- Current size in 9 justices (8 associate justices and one chief)-nominated by the President and confirmed by the Senate
The President appoints federal judges with Senate confirmation (no formal qualifications)
- Serve during “good behavior” for life (free from political pressure)
- May be removed or impeached
Senate confirmation
Department of Justice and White House staff handles most nominations
Lower Courts
practice of allowing individual senators who represent the state where the district is located to approve or disapprove nominees
-Senatorial courtesy
President only makes appointments when there in a vacancy, he will consider:
- Party Affiliation
- Judicial philosophy
- Judicial Experience - race, gender, religion, region-may balance the court to satisfy segments of society
- Litmus test-test of ideological purity toward a liberal or conservative stand on issues
- Acceptability-noncontroversial and acceptable to members of the judiciary committee
- American Bar Association, Interest groups, Justices endorsements
Few have been minorities and women
Thurgood Marshall-1st African American (LBJ)
- Sandra Day O’Connor-1st woman (Ronald Reagan) - Sonia Sotomayor-1st Hispanic (Barak Obama