Midterm Review Flashcards
Explain the concept of precedents and the role of precedents in the American legal system
A president or authority is a principal or role established in the previous legal case that judges follow hearing new cases with similar issues or facts.
cases have set precedence for major issues so that it is challenging to overturn cases, must have to prove and write why it should be overturned.
Precedence creates predictability and stability because it is based on what already has happened
Explain the factors that influence judicial decision-making
- Democratic subculture: background, value and norms of the community you live in. Who the judges are outside the courts;
- Example: Scary Mary has a soft spot for young polish boys because of her nephew, not sympathetic about drug abuse.
- Legal subculture: Starts at law school, doctrines of access, also legal theory;
- What they learned in Law school, analysis of language and precedence
- Originalism: interpret the constitution the way it was written
- Interpretivism: constitution does not have one fixed meaning
- Hierarchical jurisdiction:
- Trial courts only have one person making decision, therefore their decision can be easily overturned.
- Appellate courts have a panel of judges so they must come to a common consensus
- Precedence:
- Previous cases have already been decided on therefore they can’t the way they want to. Have to abide by laws already set.
Explain the concept of jurisdiction
Jurisdiction refers to the rights or authority by which a specific court is able to charge a case
Explain types of jurisdiction
Personal- requires that the case be tried in an area where the defendant either resides or has some ties
Geographical: going to the court where your issue occurred
Hierarchical: going from district courts to circuit courts then to the supreme court
Diversity: cases below 75,000 in state courts
Exclusive: cases above 75,000 have the right to hear the case
Concurrent: federal and state courts could both review a case
Subject Matter: examples include bankruptcy and specialized courts.
Concept of judicial review
The power of courts of law to review the actions of the executive and legislative branches is judicial review. It is a power possessed by most federal and state courts to check and balance.
Positive and negative aspects of how judges in state courts get their jobs
Negative, 80% of the states elect judges which means her decisions have to look good to the public
Negative, it takes campaigning and networking to become a state judge
Positive- judges run on terms so they can be replaced
Positive and negative aspects of how federal judges get their jobs
President nominates and Senate confirms
Positive, these people are top achieving usually older lawyers with clean backgrounds
Positive- no accountability to voters
Negative- have to brand yourself and get allies to get to the top
Explain how decisions by the courts are implemented
When a new precedent is passed lower courts, state courts, supreme courts, political actors, and the executive branch have ways to help implementation of law.
It comes down to a network of connections that help the process along
True or false
To be a nominee for a federal district court judge you do not need to live in the state
False
How many judges are there on the US District Court’s?
677
The US Supreme Court is primarily an appellate court but it’s sits as a trial court in these two situations
1 ambassador situations
2 state v state
Court of Appeals
- 13 appellate courts that sit below the US Supreme Court
- 94 federal judicial districts
- organized into 12 regional circuits
- work in panels
- organized regionally
US District Court’s
- 94 district or trial courts
- Are appellate courts
- trial courts include the district judge who tries the case and jury that decides the case
What do you go to federal court for?
Ambassador situations, shipping problems, case against the United States, state versus state, case versus a foreign country
You can only go to federal court if
It is a real case with controversy, it arises under constitutional laws and treaties, there is exclusive jurisdiction
Writ of certiorari
orders a lower court to deliver its record in a case so that the higher court may review it
Amicus briefs
Friends of the court trying to convince them not to here or to hear a case
Brief of petitioner
Legal problem that needs to be resolved, a written document bringing the case
Amicus curiae
People weighing in on the opinion of a case
Appellate jurisdiction
The authority to review a lower courts procedures, decisions, actions to determine if an error has been made, but not the authority to retry the case
Original jurisdiction
First Court to hear case and first outcome
How many judges are there in the US District Courts , and how many districts
677 judges, 97 districts
How many judges are there in the US Court of Appeals and how many regions?
179 judges, 13 regional
How many judges are there in the US Supreme Court and how many of these courts are there nationally?
Nine judges, one national court
Judicial review
Makes power to check other two branches
ability to review acts of Congress, state government, and determine whether they apply to the constitution
Doctrines of access
Courts only hear ______
Someone has to ______
There needs to be ______ to get case heard
Courts only hear real cases with actual controversies
Someone has to be harmed
There needs to be standing if you do not have standing your case is not heard
Writ of mandamus
Ordering a public official to do something
Mootness
Courts need to be able to resolve something, there is no case if it is unresolvable
Ripe for review
there needs to be no ____________ in order to go to _________
Federal courts, last place you go, there has to be no other place to resolve a conflict in order to go to federal court
Justiciability
courts don’t get involved in ______
Courts don’t get involved in political issues such as foreign policy, courts cannot resolve it
In the executive branch, the solicitor General can file what kind of brief to be involved in a case?
Amicus curiae
What are three topics usually not handled by federal courts
Foreign-policy, national security, voting rights
What is another name for a district court judge
A Lonewolf, they have to decide from the bench that decision, have no support of others helping their decision
Appellate judges have what that help decide a case
They have panels, are able to ask questions, there is argument by lawyers and parties get 30 minutes each
Supreme court needs how many votes for majority
5
En banc
When someone is asking for all judges in circuit to hear the case again
What is the framework to get an outcome when the judge has a case
Do they have jurisdiction to hear a case, president, written outcome, narrow rulings
Umpire court- type of judicial philosophy
And umpire Court is reactive, it responds but only step in when there is a major conflict
Activist judges type of judicial philosophy
Activist judges are coequal and believe courts are best when they are proactive
Type of constitutional analysis
Clear meaning
Clear meaning looks at past laws to determine the outcome easily
Type of constitutional analysis
Textualism
Is the focus on the language of law verses what the lawmakers intended of the constitution
Type of constitutional analysis
Structuralism
Under the constitution who is supposed to look at the issue
Type of constitutional analysis
Originalism
Argue that you need to look at the constitution as it was written
Type of constitutional analysis
Interpretivist
Says constitution changes with time
Steps of divorce
1 negotiation 2 mediation 3 conflict resolution 4 issue focused eval 5 comprehensive eval 6 court trial only 10% of cases get to this
Constraints put on judges
Precedence, workload, elections, review process, legal subculture
Impact of jurisdiction on American legal system
You can’t just go to any court
You have to go to your own circuits (us court of appeals)
Live under different jurisdictions of the law depending on where we live
State court structure
TOP-Court of last resort
Intermediate appellate courts
General court of general jurisdiction
Trial courts of limited jurisdiction
FEDERAL COURT STRUCTURE
US SUPREME
US COURT OF APPEALS
US DISTRICT COURTS
Stages of Judicial Process at US Supreme Court
- Petition for writ of certiorari
- Brief of respondents
- Reply of petitioners
- Amicus curiae filed
- Petition granted
- Oral Argument
- Conference
