Supreme Court and National Judiciary Flashcards
Who or what sets up the Supreme Count?
The constitution
Who or what sets up the inferior/lower courts?
Congress
Who is the head of the Supreme Court?
Chief Justice
How many associate justices are there?
8
What is the job of the Supreme Court?
Deciding if laws are valid and what they mean, and interpreting federal law
What is judicial review?
Deciding whether or not laws are constitutional
Where did the power of judicial review come from?
The Supreme Court gave it to themselves in the Marberry vs. Madison case
What is exclusive jurisdiction?
The only court to hear something
What is concurrent jurisdiction?
More than one court can hear it
The Supreme Court has original and ____ jurisdiction (fill in the blank)
Appellate
What is original jurisdiction?
To hear something first
What is appellate jurisdiction?
To hear on appeal or after another court
What are the two cases where the Supreme Court exercises original jurisdiction?
When there is a foreign entity involved or a state is one of the parties (state vs. state case)
Supreme Court Justices pick their cases by what rule?
The rule of four
Why is the rule of four important?
For possible affirmation or overturn of a case
If the Supreme Court remands a case to the lower court they are doing what?
Sending it back to a lower court
Most cases reach the Supreme Court by the ____ of ______ (fill in the blank)
Writ of Certioran
What is the Writ of Certorian?
When the Supreme Court says “we want to hear this case”
What happens if the Supreme Court refuses to see a case decided in a lower level court?
The lower court decision stands
What is a certificate?
A process by which a lower court who is not clear about the procedure or rule of law that should apply appeals to the Supreme Court (it is another way the Supreme Court can receive a case)
A lawyer’s oral argument in front of the Supreme Court is limited to how long?
30 minutes
What is an amicus curiae brief?
- “Friend of the court”
- When an outside party writes a legal brief
What number is needed to win a Supreme Court case?
5/9
What number is needed to win a normal criminal case?
12/12
What happens if you fail to get the necessary number in a criminal case?
You have a hung jury
What happens in a hung jury?
There is a total retry of the case, or the case is thrown out
What is the split of Republican to Democrats appointees in the Supreme Court?
5 to 4
What is a recluse?
- Conflict of interest
- Choosing not to sit in on a trial
Name the nine people on the Supreme Court?
- John Roberts (Chief Justice - appointed by George W. Bush)
- Ruth Bater Ginsburg (Appointed by Carter)
- Antonin Scalia (Senior Justice - appointed by Reagan)
- Sonia Stonomayor (appointed by Obama)
- Stephen Breyer (appointed by Clinton)
- Anthony Kennedy (Swing vote - appointed by Reagan)
- Clarence Thomas (African American - “Silent Justice” - appointed by Bush Sr.)
- Samuel Alito (appointed by George W. Bush)
- Elena Kagan (appointed by Obama)
Who is the only other woman to serve on the Supreme Court?
Sandra Day O’Connor (appointed by Reagan)
In a civil case, the individual who is bringing a complaint is called what?
Plantif
The person who is accused of the crime is called what?
Defendant
How long are Supreme Court Justices hired for?
Life
Why are Supreme Court Justices hired for life?
To be free from political pressure
What is a precedent?
Some kind of ruling which sets the guidelines to rule from the point on
When justices meet, the head justices speak first. What procedures do the follow to determine who goes next?
Seniority (Roberts first, Scalia next, Kagan last)
The courts overall opinion is known as what?
The majority opinion
What is a concurrent opinion?
“I agree with the majority for a different opinion”
Sometimes justices who disagree with the court will write a what?
Dissenting opinion (in order to explain why they feel the cases should have gone the other way)
What is the first step in suing the federal government?
Get their permission
What Court is responsible for most of the federal appeals that occur in this country?
The U.S Court of Federal Appeals
Why was the Supreme Court created? (What was going on under the Articles of Confederation without a national court system)
- Lack of consistency in rulings
- Inconsistent interpretation
What is the difference in burden of proof between a civil case and a criminal case?
- Need to prove beyond reasonable doubt (criminal)
- Need to prove more likely true than not (civil)
OJ Simpson trial : found innocent for murder (criminal) and guilty for emotional damages (civil)
Who is the chief lawyer of the federal government?
Solicitor General
What does the Attorney General do?
Head of the Justice department (advises the President on legal matters)
What is judicial activism?
“Legislating from the bench” (shaping a law)
- Saying what things mean as opposed to just “yes” and “no”
What is Stare Decisis?
“Let the decision stand”
Ruling on precedent
What are the specialized courts and what is their purpose?
- Courts that cover cases on specific topics
- Military, taxes, veteran’s claims, etc.
