Judicial Branch Test Flashcards
original jurisdiction
trial court that hears a case for the first time (u.s. district court, u.s. supreme court)
appellate jurisdiction
hears appeals from lower court decisions (u.s. court of appeals, u.s. supreme court)
district courts
lowest level in the federal system
94 judicial districts in 50 states & territories
no appellate jurisdiction
original jurisdiction over most cases
courts of appeal
intermediate level in the federal system
12 regional “circuit” courts, including d.c. circuit
no original jurisdiction; strictly appellate
supreme court
highest court in the federal system
nine justices, meeting in d.c.
limited original jurisdiction over some cases
appeals jurisdiction through certiorari process (the record of a lower court is
sent to a superior court for review)
power of federal courts
provide criminal rulings
interpret the u.s. Constitution & its amendments
provide checks & balances on the executive & legislative branches
conduct judicial review
judicial review
congressional laws (statutes) (affordable care act)
state actions (separate train car law)
federal bureaucratic agencies (u.s. fish & wildlife service vs sierra club)
presidential actions (deferred action for childhood arrivals)
guiding principles of the american legal system
criminal law
offenses considered to be crimes against society as a whole
warrant punishment by & in the name of society
civil law
deals with the rights of private citizens
usually involve lawsuits seeking monetary damages
constitutional law
relates to the meaning of the constitution in a case (brown vs topeka, board of education, 1954)
guiding principles of the american legal system
1 - equal justice under the law
every citizen is treated & judged fairly, regardless of who they are #2 - due process under the law the government must respect all of the legal rights owed to a person under the law #3 - adversarial system of justice the accused is entitled to present their case in court along with the prosecution #4 - presumption of innocence accused is “innocent until proven guilty” with the burden of proof on the government
the process of supreme court hearing
step 1 : the supreme court receives a petition or case
step 2 : the process of granting writ of certiorari
step 3 : written arguments
step 4 : oral arguments
step 5 : conference
step 6 : rendering an opinion
the supreme court receives a petition or case
SCOTUS receives about 100/week
7,000/year
SCOTUS only accepts about 100/year
the process of granting writ of certiorari
does the case have standing? (is there a constitutional issue being raised that has not been raised previously? was this decision raised as an error?)
“rule of four”
if NO: SCOTUS decides not to take case, no “petition of value”
facts already established
if YES: SCOTUS looks at legal & process issues; constitutional questions
written arguments
briefs submitted by each lawyer
amicus curiae briefs (someone who is not a party to a case assists a court by offering information, expertise, or insight that has a bearing on the issues in the case)
oral arguments
each side has 30 minutes
justices interrupt frequently
conference
justices meet in private
chief justice presides
rendering an opinion
often takes months to write opinions
majority, concurring, dissenting opinions included (5 or more justices)
usually handed down june to early july
stare decisis : the legal principle of determining points in litigation according to precedent. latin for “to stand by things decided.”
roles of chief justice
ourth Chief Justice John Marshall 1801-1835
article 1: “When the President of the United States is tried, the Chief Justice shall preside.”
position evolved by tradition
judicial philosophy- leadership style shapes the court
duties of chief justice
current Chief Justice John Roberts 2005-present
impeachment trials
most seniority regardless of years on court
chairs conferences
sets meeting agenda
if in majority, assigns who will write majority opinion
senatorial courtesy
when appointed to district, courts speak with two senators of the person’s state
senate judiciary committee
screens nominees & sends recommendations to senate floor for approval or rejection.
typical factors (not rules)
race (mostly white men. black seat established by Thurngood Marshall- currently Clarence Thomas)
gender (mostly male. four females in Supreme Court- Amy Coney Barret, Sonia Sotomayo, Elena Kagan)
paper trail (have they written anything that might be used as a backlash to their nomination?)
age (since supreme courts justices have lifetime appointments, presidential influence continues after they leave office)
political ideology of judges are similar to the nominating president’s philosophy
issues: can change behavior
new issues not predicted by the president could arise (9/11/01)
judges life terms protect them from things president may not like
25% of supreme court judges stray from the philosophy of the nominating president
judicial activism
that courts should take an active role in solving social, economic & political problems
Act as guardian of the people
examples:
requiring states to provide legal aid to poor
requiring states to educate illegal immigrants
struck down florida recount (bush v gore 2000)
judicial restraint
philosophy that the courts should allow states & the other two branches of the federal government to solve social, economic, & political problems
should act only in those situations where there are clear constitutional questions
examples:
roe v wade (abortion timeline)
courts should merely interpret law rather than make it
title vii of civil rights act of 1964
“It shall be unlawful employment practice for an employer… to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual’s race colo, religion, sex, or national origin.”
textualism:
face meaning of text
originalism
original intent, based on intent of authors or reasonable meaning of contemporaries
living constitution
current meaning of the words, evolved over time
stare decisis
sticks with previous ruling
brief
written to aid in decision making
opinion
written decision by the court + explanation
authority to hear certain cases
jurisdiction of the court
