judiciary Flashcards
original role of courts
find and apply existing law
- judges can’t make laws and only interpret them to apply them
the dual court system
there is a path to the us supreme court from both districts and state
path to us supreme court
district court —> court of appeals —> supreme court
state trial court —> court of appeals —> state supreme court —> us supreme court
who creates the supreme court
constitution article III
who creates the lower courts
congress
what is original jurisdiction
where the case is heard first
power to hear a case first before another court
what type of cases does supreme court hear
appeals based on constitutional principle
marbury v madison
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)
three tiered structure of federal courts
district courts
court of appeal
supreme court
district courts
where all court cases start (original jurisdiction)
federal crimes
courts of appeal
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
how the supreme court works
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
supreme court decision making process
decision to grant certiorari
reading submitted briefs
oral argument
conference to decide the case and assign written opinion
announcement of decision
granting certiorari
did the case go through the proper channels
does it relate to a federal law
how are supreme court judges selected
qualifications : should exhibit good behavior (not a felon)
nominated by president but confirmed by senate
1/5 not approved