judiciary Flashcards

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1
Q

original role of courts

A

find and apply existing law
- judges can’t make laws and only interpret them to apply them

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2
Q

the dual court system

A

there is a path to the us supreme court from both districts and state

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3
Q

path to us supreme court

A

district court —> court of appeals —> supreme court
state trial court —> court of appeals —> state supreme court —> us supreme court

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4
Q

who creates the supreme court

A

constitution article III

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5
Q

who creates the lower courts

A

congress

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6
Q

what is original jurisdiction

A

where the case is heard first
power to hear a case first before another court

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7
Q

what type of cases does supreme court hear

A

appeals based on constitutional principle

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8
Q

marbury v madison

A

chief justice john marshall claimed power for the court
^. judicial review
allows courts to rule on constitutionality of laws and executive actions (power to strike down or reinforce policy)

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9
Q

three tiered structure of federal courts

A

district courts
court of appeal
supreme court

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10
Q

district courts

A

where all court cases start (original jurisdiction)
federal crimes

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11
Q

courts of appeal

A

hears appeals from lower level
panel of judges review cases
court simply interprets the case as it relates to the law
focuses on error of procedure and law

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12
Q

how the supreme court works

A

ensures uniformity in interpreting national laws, resolves conflicts among states and maintains national supremacy in law
- 9 justices (1 chief and 8 associate)
controls its own agenda (what cases to hear)
mostly appellate jurisdiction

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13
Q

supreme court decision making process

A

decision to grant certiorari
reading submitted briefs
oral argument
conference to decide the case and assign written opinion
announcement of decision

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14
Q

granting certiorari

A

did the case go through the proper channels
does it relate to a federal law

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15
Q

how are supreme court judges selected

A

qualifications : should exhibit good behavior (not a felon)
nominated by president but confirmed by senate
1/5 not approved

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16
Q

senatorial courtesy

A

unwritten tradition where a judge isn’t confirmed if a senator of the president’s party from the state where the nominee will serve opposes the nomination

17
Q

what are some considerations for supreme court judges

A

most have judicial or political experience to highlight competence
presidents want to appoint people who share their views (ideology and political preference)
party loyalty (same party)

18
Q

litmus test

A

test of ideological purity
attitude towards abortion rights, affirmative action, gun rights, etc

19
Q

judicial restraint

A

judge should limit their role of judicial review ( not making laws)
since judges aren’t elected, it is more democratic for congress and executive to solve social, economic, and political problems

20
Q

judicial activism

A

says federal judges must correct injustices when other branches of government or states refuse to do so; promote social justice

21
Q

litigants

A

person involved in lawsuit

22
Q

plaintiff

A

party bringing charge

23
Q

defendant

A

party being charged

24
Q

standing to sue

A

litigants must always have standing to sue
a serious interest in the case, directly involved

25
Q

class action suits

A

multiple people suing against a single organization
brown v board of ed

26
Q

justiciable disputes

A

a case must be capable of being settled as a matter of law

27
Q

attorney general

A

chief law enforcer of us and chief lawyer of government and legal advisor to president
rare sc appearacnes

28
Q

solicitor general

A

represents frederal government of us before supreme court
handles all appeals on behalf of us government

29
Q

how power is promoted in judiciary

A

appointed (not elected)
life terms
salaries cant be reduced
sets own agenda
makes final decision

30
Q

checks on judiciary power

A

appointment and confirmation process
congress can amend the constitution
jurisdiction can be changed
justices can be impeached

31
Q

majority opinion when supreme court makes decisions

A

establishes precedent and guidelines for the lower courts

32
Q

dissenting (minority) opinions when supreme court makes decisions

A

written by justices who oppose the majority
not the actual decision but can be important in the future to see what the other argument was and could come up again when overturning precedent

33
Q

concurring opinions

A

written in support of the majority but stress a different legal basis

34
Q

stare decisis

A

“let the decision stand”
an earlier decision should hold for the case being considered
based on precedent

35
Q

amicus curia briefs

A

amicus curiae is a person who isn’t a party to a case. They assist an appellate court by offering additional, relevant information or arguments the court may want to consider before making their ruling.

36
Q

role. of law clerks

A

They recommend which cases the court should hear, make suggestions about how the cases n-right be decided, and even prepare firsi drafts of the justices’ opinions.