Judiciary Flashcards
Jurisdiction
Authority of courts to hear certain cases
Constitutional courts
Federal courts created under Article III and Supreme court
Legislative courts
Congress, hear cases on powers of Congress
District Courts
Trial courts at federal level, criminal/civil
Appeals courts
Review decisions of federal administrative agencies
Supreme court nomination factors
Party affiliation, judicial philosophy, experience, race, gender, religion, region, litmus test (ideological purity), acceptability (ABA, interest groups, justices)
LBJ
First African American supreme justic
Reagan
First woman justice
Rule of four
4/9 judges agree to hear case
Breif orders
Return to lower court, related case decision made
Writ of certiorari
Order to lower courts, send records of case
Certificate
Lower court ask Supreme Court about rule/procedure
Breif
Detailed statement of facts
Amicus curiae breifs
Support/reject arguments
fLaw clerks
research info presented
Opinion Writing
Chief Justice on majority-choose
Chief Justice on minority-senior associate of majority choose
Majority opinion
Majority agree on decision/reasons
Concurring opinion
Agree with opinion, not reasoning
Dissenting opinion
Disagree w/ opinion
Precedents
Standard/guides for future
Warren Court
Most liberal, Miranda, v. Arizona, Brown v. Board of EDU
Burger Court
Roe v. Wade (abortions), no executive privilege (Nixon)
Judicial activism
Active role in national policies, apply constitution to social/political
Judicial restraint
Avoid initiative in social/political questions
