judicial outline Flashcards
during the articles of confederation was there a judicial system
no
how did laws in states work (during articles of confederation)
states had their own laws
how did state disputes work (during articles of confederation)
states courts handled them
who made a change to the court system and was did he/she do (during articles of confederation)
Alexander Hamilton made an argument that a national court system was needed
what did the constitution allow (during articles of confederation)
the development of a national (Federal) Court
because of the Federal Court System how many separate court systems are there in the US
2
what remains the same about states and courts
states sill have their own courts and laws
How many types of federal court are there
2
what does the constitution say about federal courts and jurisdiction
it allows Federal Courts only certain jurisdiction
what is subject matter
does the case involve a federal question
when can cases only be heard in federal Court
if you violate a federal law, exclusive jurisdiction
which jurisdiction usually involves a dispute between two people or businesses from different states
concurrent jurisdiction
which courts dont retry cases and they just make sure the trial court has applied all the laws correctly
appellate court
district courts have what type of jurisdiction
original jurisdiction
court of appeals has what type of jurisdiction
appellate jurisdiction
what are the requirement to be a Federal Judge
no real requirements
who help in selecting the Federal judges
The Presidents closest aides, especially the Attorney General
what try to influence the Presidents pick of a federal judge
Interest Groups
where do Federal Judges often come from
state courts, are leading attorneys, legal scholars, or law school professors
How long do Federal Judges serve for
life
How does the president pick a Federal Judge
usually based of of their political party
what happens when judges go to the senate
they are always asked their views about previous cases and how they interpret law
what party usually believes in Judicial Restraint
republicans
what party usually believes in judicial activism
democrats
in the 50 states how many Federal judicial districts are there
89
how many judges does each district have
at least 2
who are cases in district court heard by
usually a single judge but sometimes a panel of 3 judges
what does FISA stand for
foreign intelligence surveillance Court
how do FISA courts meet
in secret
what type of things do FISA courts handel
search warrants against suspected terrorists and wiretapping
what type of cases doe district court hear
criminal or civil
how do the decisions of federal court work
most of them are final
what happens if there is a appeal in a case
it goes to the papellate court
who made the court of appeals
congress
why were the court of appeals made
to keep the Supreme court from getting too many cases
how many federal courts of appeal are there
13
what do appellate courts do
read the transcript of the trial and then consider written and oral arguments made by the attorneys
how many appellate court decisions make the US Supreme court
less than 1%
who conducts judicial review of laws in the US
the Supreme Court and inferior courts
what was Marbury v Madison
a landmark US Supreme Court Case in 1803
what did the federalists try to do when they lost the 1800 election (Marbury v Madison)
pack the judicial branch with federalist judges (with the hope of keeping their influence)
Whose was appointed the justice of peace (Marbury v Madison)
William Marbury
Which president forgot to sign the proper documents (Marbury v Madison)
Adams
Which president denied Marbury his position (Marbury v Madison)
Jefferson
What did Marbury base his lawsuits on
judiciary act of 1789
what was the ruling of the Marbury case
Marbury could be denied his job and that parts of the judiciary act were not consistent to the constitution
why was Marbury v Madison such a big deal
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
What types of jurisdiction does the SC have
original and appellate
where do most of the cases come from when they go to the SC
appellate court
what happens to most of the cases that are appealed to the USSC
they are denied
how many cases are usually appealed and how many are actually heard
8,000 appealed but only a few hundred are even heard
why would a decision be made quickly
the majority of justices agree with a lower court ruling
how does a Writ of Centiorari get issued
someone has to ask the SC to issue one
When is a Writ of Centiorari usually issued
when the constitutionality of a law is questioned
what happens if a Writ of Centiorari is denied
then the decision of the lower court will stand
what is another way that a case can reach supreme court
a certificate
when does a certificate happen
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)
how long does a supreme court session last
early october to the end of june
when do SC justices generally meet on cases
2 week cycles that last until May
how many days a week do Sc justices meet
3
how long does a lawyer get to give an oral argument
maximum of 30 minutes
how does the justices and lawyers work in the SC
they can have questions and answers
what happens before the oral argument in SC
each side must give a brief (written statement)
what is a brief supposed to do
outline the facts of the case and legal beliefs of the case
what can also be filed in SC
Amicus Curiae brief
who can file an Amicus Curiae Brief
persons or groups who are not actual parties in the case but have an interest in the outcome
Does the SC see an amicus curiae brief
not unless they ask for it
what does the Solicitor General do in SC
asks the justices to take certain cases
Who appoints the Solicitor General
the pres
what is the Solicitor Generals job
to act as a bridge between the president and the SC
How often do the SC Justices meet
every friday
what do the SC justices do at their friday meetings
discuss the oral arguments they heard that week and decide what future cases they will hear
who attends the SC meetings on fridays
the Chief justices and the 8 other justices
Who leads the SC discussion and gives their opinion when deciding a case
the Chief Justice
what happens after the chief justice gives their opinion
the other justices give their opinions (seniority)
how is a SC case decided
majority
how much of cases are decided unanimously
1/3
how does the SC announce its decision
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
