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government and politics sophomore > judicial outline > Flashcards

judicial outline Flashcards

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1
Q

during the articles of confederation was there a judicial system

A

no

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2
Q

how did laws in states work (during articles of confederation)

A

states had their own laws

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3
Q

how did state disputes work (during articles of confederation)

A

states courts handled them

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4
Q

who made a change to the court system and was did he/she do (during articles of confederation)

A

Alexander Hamilton made an argument that a national court system was needed

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5
Q

what did the constitution allow (during articles of confederation)

A

the development of a national (Federal) Court

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6
Q

because of the Federal Court System how many separate court systems are there in the US

A

2

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7
Q

what remains the same about states and courts

A

states sill have their own courts and laws

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8
Q

How many types of federal court are there

A

2

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9
Q

what does the constitution say about federal courts and jurisdiction

A

it allows Federal Courts only certain jurisdiction

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10
Q

what is subject matter

A

does the case involve a federal question

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11
Q

when can cases only be heard in federal Court

A

if you violate a federal law, exclusive jurisdiction

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12
Q

which jurisdiction usually involves a dispute between two people or businesses from different states

A

concurrent jurisdiction

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13
Q

which courts dont retry cases and they just make sure the trial court has applied all the laws correctly

A

appellate court

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14
Q

district courts have what type of jurisdiction

A

original jurisdiction

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15
Q

court of appeals has what type of jurisdiction

A

appellate jurisdiction

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16
Q

what are the requirement to be a Federal Judge

A

no real requirements

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17
Q

who help in selecting the Federal judges

A

The Presidents closest aides, especially the Attorney General

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18
Q

what try to influence the Presidents pick of a federal judge

A

Interest Groups

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19
Q

where do Federal Judges often come from

A

state courts, are leading attorneys, legal scholars, or law school professors

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20
Q

How long do Federal Judges serve for

A

life

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21
Q

How does the president pick a Federal Judge

A

usually based of of their political party

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22
Q

what happens when judges go to the senate

A

they are always asked their views about previous cases and how they interpret law

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23
Q

what party usually believes in Judicial Restraint

A

republicans

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24
Q

what party usually believes in judicial activism

A

democrats

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25
Q

in the 50 states how many Federal judicial districts are there

A

89

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26
Q

how many judges does each district have

A

at least 2

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27
Q

who are cases in district court heard by

A

usually a single judge but sometimes a panel of 3 judges

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28
Q

what does FISA stand for

A

foreign intelligence surveillance Court

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29
Q

how do FISA courts meet

A

in secret

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30
Q

what type of things do FISA courts handel

A

search warrants against suspected terrorists and wiretapping

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31
Q

what type of cases doe district court hear

A

criminal or civil

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32
Q

how do the decisions of federal court work

A

most of them are final

33
Q

what happens if there is a appeal in a case

A

it goes to the papellate court

34
Q

who made the court of appeals

A

congress

35
Q

why were the court of appeals made

A

to keep the Supreme court from getting too many cases

36
Q

how many federal courts of appeal are there

A

13

37
Q

what do appellate courts do

A

read the transcript of the trial and then consider written and oral arguments made by the attorneys

38
Q

how many appellate court decisions make the US Supreme court

A

less than 1%

39
Q

who conducts judicial review of laws in the US

A

the Supreme Court and inferior courts

40
Q

what was Marbury v Madison

A

a landmark US Supreme Court Case in 1803

41
Q

what did the federalists try to do when they lost the 1800 election (Marbury v Madison)

A

pack the judicial branch with federalist judges (with the hope of keeping their influence)

42
Q

Whose was appointed the justice of peace (Marbury v Madison)

A

William Marbury

43
Q

Which president forgot to sign the proper documents (Marbury v Madison)

A

Adams

44
Q

Which president denied Marbury his position (Marbury v Madison)

A

Jefferson

45
Q

What did Marbury base his lawsuits on

A

judiciary act of 1789

46
Q

what was the ruling of the Marbury case

A

Marbury could be denied his job and that parts of the judiciary act were not consistent to the constitution

47
Q

why was Marbury v Madison such a big deal

A

the USSC will now decide if an act of congress is unconstitutional which means many of the most important laws that congress passes usually end up at the Supreme Court

48
Q

What types of jurisdiction does the SC have

A

original and appellate

49
Q

where do most of the cases come from when they go to the SC

A

appellate court

50
Q

what happens to most of the cases that are appealed to the USSC

A

they are denied

51
Q

how many cases are usually appealed and how many are actually heard

A

8,000 appealed but only a few hundred are even heard

52
Q

why would a decision be made quickly

A

the majority of justices agree with a lower court ruling

53
Q

how does a Writ of Centiorari get issued

A

someone has to ask the SC to issue one

54
Q

When is a Writ of Centiorari usually issued

A

when the constitutionality of a law is questioned

55
Q

what happens if a Writ of Centiorari is denied

A

then the decision of the lower court will stand

56
Q

what is another way that a case can reach supreme court

A

a certificate

57
Q

when does a certificate happen

A

when a lower court is not sure about the procedure of law or if a certain rule of law should apply to a particular case (lower court asks the SC to certify the answer to the question)

58
Q

how long does a supreme court session last

A

early october to the end of june

59
Q

when do SC justices generally meet on cases

A

2 week cycles that last until May

60
Q

how many days a week do Sc justices meet

A

3

61
Q

how long does a lawyer get to give an oral argument

A

maximum of 30 minutes

62
Q

how does the justices and lawyers work in the SC

A

they can have questions and answers

63
Q

what happens before the oral argument in SC

A

each side must give a brief (written statement)

64
Q

what is a brief supposed to do

A

outline the facts of the case and legal beliefs of the case

65
Q

what can also be filed in SC

A

Amicus Curiae brief

66
Q

who can file an Amicus Curiae Brief

A

persons or groups who are not actual parties in the case but have an interest in the outcome

67
Q

Does the SC see an amicus curiae brief

A

not unless they ask for it

68
Q

what does the Solicitor General do in SC

A

asks the justices to take certain cases

69
Q

Who appoints the Solicitor General

A

the pres

70
Q

what is the Solicitor Generals job

A

to act as a bridge between the president and the SC

71
Q

How often do the SC Justices meet

A

every friday

72
Q

what do the SC justices do at their friday meetings

A

discuss the oral arguments they heard that week and decide what future cases they will hear

73
Q

who attends the SC meetings on fridays

A

the Chief justices and the 8 other justices

74
Q

Who leads the SC discussion and gives their opinion when deciding a case

A

the Chief Justice

75
Q

what happens after the chief justice gives their opinion

A

the other justices give their opinions (seniority)

76
Q

how is a SC case decided

A

majority

77
Q

how much of cases are decided unanimously

A

1/3

78
Q

how does the SC announce its decision

A

announce it and give written opinions, announce the margin (5-4), if it was unanimous then the chief justice usually writes the opinion for the court

government and politics sophomore (50 decks)

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