Pt 2: Chapter 14 Notes Flashcards
- Precedent
- Facts and application
- “Stories”
Common law
- Facts = application
- Same facts = same application
Code law
Our system is built on the side of who?
Defense
These are put into place via different mechanisms that are put into place by the state
Judges
Trial jury –> innocent or guilty, they hear the case
Petit jurors
These decide if there is enough evidence to even warrant a trail
Grand jurors
The SCOTUS has 2 kinds of jurisdiction which are?
- Original jurisdiction
- Appellate jurisdiction
The authority to be the first court to hear a case.
Original jurisdiction
The authority to review cases that have already been heard in lower courts and are appealed to a higher court by the losing party.
Appellate jurisdiction
A request to the lower court to submit to the Supreme Court a record of the case.
Writ of certiorari
Which kind of jurisdiction does the SC not do often? When it does do this whats it usually concerning?
Original jurisdiction
- Foreign diplomats and the cases where opposing parties are state governments
This one is more common, appeals and how common law was applied by the lower court
Appellate jurisdiction
When a majority of the justices agree on the legal basis of a decision, the result is a
majority opinion
Where there is no majority opinion although a majority of the justices agree on the decision, they disagree on the legal basis for it, they issue a
plurality opinion
A separate view written by a justice who votes with the majority but disagrees with all or part of its reasoning
Concurring opinion
A justice (or justices) on the losing side explains the reasons for disagreeing with the majority position
Dissenting opinion
How many cases does the SC hear every year?
75-80 cases out of 10,000s, very selective
How many SC justices have to vote on a case so the SC will hear it (grant it a writ of certiorai)
4 out of 9
What is one of the most important SCOTUS powers?
Judicial review
How often does judicial review get applied?
Not very often
Over the last 80 years, how many of the most conservative judges ever are on the SC now?
4/5
Which SC justices side with the left?
- Ginsburg
- Breyer
- Sotomayor
- Kagan
Which SC justices lean to the right?
- Thomas
- Scalia
- Roberts
- Alito
Which SC justice goes back and forth and is the deciding vote
Kennedy
Do judges make law?
Yes. They don’t enact but they make and review law. Their decisions are ones lower courts must follows
What are other federal courts?
- US district courts
- US courts of appeals
- Special US courts
That state courts?
- Political appointment
- Elected judges
- Merit- plan judges
What are the most common form of state court judges?
Most common form
Who do all of the lower courts answer to?
SCOTUS
What courts does Congress regulate?
US court of appeals, US district courts, Special federal courts
How many US district courts are there?
94 of them
How many US district courts are there under the US court of appeals?
94
Most appeals are heard by who?
A different panel of 3 judges
The state system is set up like
In a way to parallel the federal system
How many US court of appeals are there? How are they divided?
13 circuits —
11: designed to oversee 94 district courts in regions
2: govern special cases
Who nominates SC justices?
President nominates those with compatible political philosophy
What happens after the president nominates a SC justice
Has to be confirmed by the Senate
Nearly all recent appointees are from
Appellate courts
Lower court nominees are selected by who but includes what tradition?
President typically selects members of the same party
- Senatorial courtesy
What is Senatorial courtesy?
A tradition that holds that a senator from the state in which a vacancy has arisen should be consulted on the choice of a district court nominee if the senator can request that confirmation be denied.
What are the personal backgrounds of judicial appointees?
Most are white men, but diversify has increased in recent years
What are the legal influences on judicial decisions?
- the facts of the case
- three main sources of law
What are the 3 main sources of law?
- The Constitution
- Legislative statues
- Legal precedents
One of the major political influences on judicial decisions is what?
Judges’ political beliefs. Justices vote in line with their political attitudes. Not all issues are clear-cut
Does the court rely on public decisions?
Yes. The courts cannot move too far from public opinion
What kind of influence can interest groups have on judicial decision making
The can file amicus curiae briefs to make their positions know on court cases and file lawsuits to advance their policy goals
What is amicus curiae
“Friends of the court”
What is stara decisis??
That which has been decided will stand. If the court has already filed a standing they will keep it
What is the biggest opportunity to influence the courts with the president and Congress?
Judicial appointments
How do elected officials have a way to influence the courts?
Congress can rewrite legislation that it feels the judiciary has misinterpreted
Determine and preserve founders’ intent
Originalism
Adaptable to changing circumstances and challenges
Living constitution
Is the SC a political body?
Yes. Complicated questions they’re asked to resolve, political ideology affects how they address the questions
This holds that the judges should abide by precedent and legislation
Judicial restraint
This holds that the judges should interpret the Constitution and statues in light of established principles when elected officials fail to do so
Judicial activism
Which idea is fairly new, originalism or living constitution
Originalism
