Supreme Court Flashcards
amicus curiae
friend of the court; help case don’t directly influence
civil law
private disputes between groups; provide order
criminal law
crimes against public order; contractual relationship
common law
decisions made by things that have previously happened; precedent
constitutional court
high court dealing with constitutional laws
judicial activism
broad interpretation
judicial restraint
strict adherence
Mapp v Ohio; activism or restraint?
evidence acquired illegally; activism
Marshall
first significant; change; made equal to other branches; one opinion(majority)
Important case under Marshall
Marbury v Madison; judicial review
Toney
Dred Scott; Habeus Corpus; Civil War; power of president in crisis
Warren
judicial activism; expand rights w/ broad interpretation
Important Warren Case
Mapp v Ohio
Rehnquist
conservative activism; over turning precedent in case of conservative values
Roberts
current- gay marriage- abortion
Original Jurisdiction
court that hears case first
Appellate Jurisdiction
appeal based on procedure or mistake; not bc you don’t like the decision
Discretionary Appellate
only sup crt; pick and choose
Special Court
powers of congress
stare decisis
precedent
Writ of cerritori
officially putting it on a docket; takes a while
Rule of 4
majority vote to get on docket
litmus test
philosophy of judge; activist/restraint
court packing
used by Roosevelt to add more judges to tip favor
Ex post facto
can’t be guilty if crime was committed while legal
In forma pauperis
wave fees for a case; Gideon v Wainwright(provide attorney)
political question
used to avoid deciding some cases; conflict between congress and president
writ of mandamus
gov body says you have to do worthing but doesn’t enforce it
Article 3-number of courts
only calls for 1
Structure of Judicial
pyramid- start at bottom/lower courts- tip/supreme
Judiciary Act of 1789
dual court; 2 courts/pyramids- one fed one state; both end with supreme court
Nomination of Judges
appointed by president approved by senate
Senatorial Courtesy
ask senator in same state about who is the best-saves time- ask with aligned party
Requirements(formal)
none
Requirements(informal)
confirmed(pass thru senate)-demographics; same side; age(not old); judge; no scandal
vetting
background check before employment
Tradition of SCOTUS
important; who has been there the longest
Federalist 51
checks and balance; operation of powers
Judicatory Act of 1925
justices can determine court load; cerritori
Process(1-10)
- Petition
- Discussion List
- Rule of 4
- writ of cerritori
- Briefs
- oral arguments
- Conference
- vote(tentative)
- opinions
- final decision
petition
don’t read every petition; split the work
discussion list
why I picked and why we should move forward
briefs
lawyers give case; based on precinct
oral arguments
2 weeks on 2 off; timed;
conference
closed; business not personal; chief justice speaks first to address key points- seniority follows
tentative vote
decide who writes opinions- senior member of majority unless chief justice is
opinions
one writes for majority; sends to others for editing; goal is to get signature
final decision
signature is final vote
concurring
same side different reasons
descending
each write for there side; who ever gets most votes; can both be cited in the future
Role of Jury
peers make judgment; fair; could argue wasn’t fair and that weren’t my peers
Grand Jury
6-23; prosecutor lays case; judge determines result
Petit Trial
6-12; both present evidence; determine guiltiness
soliciter general
appellate court litigation of federal gov; 3rd
Attorney General
head attorney for gov; 2nd
originalism
constitution interpreted without original meaning
