SCOTUS Flashcards
Federal Court Structure
SCOTUS (take less than 1 percent)
13 U.S. Circuit Courts of Appeal (losing side of district can appeal) (take 80%)
94 US District Courts (about 1 million cases yearly)
Appellate jurisdiction
Cases that have been appealed from a lower court (appellate cases have the power to reverse or modify lower court’s decisions)
In forma pauperis:
People who cannot pay the filing fee (often prisoners)
80% of petitions
0.2% granted
make up 10-15% of cases to be heard by the court
Paid Petition
Petitions that pay the $300 filing fee
20% of petitions
3-4% granted
make up 85-90% of cases to be heard by the court
Fungible
Replaceable
Percolated
The issue hasn’t stewed long enough, too new
Petitioner
one who requests SCOTUS to hear a case (they petitioned for a writ of certiorari)
Respondent
one who responds to the charges (case name = Petitioner v. Respondent)
Amicus Curiae
a “friend of the courts brief”, filed by an interested 3rd party (not involved in lawsuit)
Concur
agrees with majority, but has different reasoning
Dissent
against majority, writes why they disagree
Precedent
earlier laws or decisions that provide guidance for future decisions made by the court.
Originalism
theory that constitution should be interpreted according to the intent of the people who wrote it in 1787 (framers) and the Americans who ratified it in 1789
Kavanaugh, Gorsuch, Barrett, Alito, Roberts, Thomas
Living Constitutionalism
theory that historical analysis can’t provide all the answers for modern situations and that when they don’t, judges must apply the values of the Constitution in light of modern circumstances.
Brown, Sotomayor, Kagan
Writ of Certiorari
An order from the Supreme Court to a lower court to send up the records on a case for review.
Either side in a civil case can petition
Petitions have to argue/prove an error in handling the case or a constitutional issue (serious)
Cert Pool
7 of the 9 Justices divide up the petitions for cert between their 28 clerks and every clerk presents to all justices.
used by Roberts, Thomas, Kagan, Sotomayor, Brown, Kavanaugh, and Barrett
Cert-Worthy?
Very important: affects a large number of people, unique/one of a kind (Sui Generis)
Circuit Conflict: conflict in lower courts, confusion in legal system
Egregious Errors: major miscarriage of justice
Deny Cert?
A better case on the same issue will come up (in the pipeline)
case is deemed frivolous
a petition that raises too many questions, muddy case (focuses on more than one issue)
What % of cases sent to the Supreme Court are heard?
Around 1%
Who appoints justices to the Supreme Court? Who confirms justices to the Supreme Court?
Justices are appointed by the President and confirmed by the Senate.
Who was the first female Supreme Court justice? African-American? Latina?
First Female Supreme Court Justice: Sandra Day O’Connor
First African American Supreme Court Justice: Thurgood Marshall
First Female African American Supreme Court Justice: Ketanji Brown Jackson
First Latina Supreme Court Justice: Sonia Sotomayor
Justices in order of Seniority
Chief Justice: John Roberts
1. Thomas 2. Alito 3. Sotomayor 4. Kagan 5. Gorsuch 6. Kavanaugh 7. Barrett 8. Brown
Judicial Review
Judicial’s power to review if a local, state, or national law violates the Constitution (and strike down those laws)
established during Marbury v Madison
Original Jurisdiction
Power to hear a case first (does not have to be appealed from a lower court)
Cases between 2 or more states
U.S. v State
Foreign Ambassadors and Diplomats
1% of cases sent to the Supreme Court
Oral Arguments
Arguments made before the Justices by lawyers for both sides
No witnesses or testimony
Just attorneys (30 minutes each) and Justices
