Test 4 Flashcards
What provides a partial basis for US law?
English common law
When did the Normans invade England?
1066
How were legal disputes settled before 1066?
By local law traditions
What important law form was formed under the Normans. What was it?
The King’s Court was created; it was a uniform set of laws
Where were important Norman/English laws compiled?
Year Books
What was the importance of precedence in England and then later in the US?
It was the basis of new decisions; past decision
What is considered the corner-stone of English Law?
Precedents
What is ruling based on precedent liked to?
“Stare decisis”
What does “stare decisis” mean?
“To stand on decided cases”
What precedents do judges look at when making decisions?
- Decisions of the same court in the past
2. Decisions of courts with higher jurisdiction
What court precedents are CA appellate courts subject to?
The CA Supreme Court, as well as their own past precedents
Do other states’ courts have authority over CA courts?
No
What are district courts in California under?
- The 9th circuit court
2. U.S. Supreme Court
Do the 8th and 10th circuit courts have authority over district courts in CA?
No
What are the sources of American law?
- Federal and state constitutions
- Legislative statues
- Administrative rules and regulations
- Case law
What do American laws do?
Establish the organization of powers and limits of the government
What did Article VI establish?
It was the supremacy clause regarding the constitution
Can state constitutions conflict with the US constitution? What is it normally considered?
Yes; it is normally considered the supreme law of the land
What do statues define?
Individual rights and duties, commercial laws, criminal code
What do counties, cities, and local bodies pass? What do they concern?
Ordinances are passed in concern to public safety, and zoning issues
What do ordinances and statutes hold the power of?
The force of law
How are rules and regulations interpreted?
Like statutes and ordinances
What is the definition of case law?
Courts interpret cases in light of precedent
What is case law applied to?
- Common law principles
- Administrative law
- Statutory law
- Constitutional law
How many court systems does the US have? What makes up this number?
52; States, DC, and the federal court systems
What are the 2 requirements to hear a case?
- Jurisdiction
2. Standing
What court must individuals do before?
The local courts
When cases are appealed, where do they go?
The appellate court with jurisdiction
Where can cases go after the appellate court? What is the result?
The Supreme Court, which has final say in the matter
What are federal courts limited to?
- Federal question
2. Diversity of citizenship
What types of involvement give federal courts jurisdiction?
- The Constitution
- Congressional acts
- Ratified treaties
What constitutional issue is sometimes handled by federal courts?
Freedom of speech
What is the definition of diversity of citizenship?
Parties involved in a case are from different states or are a US citizen and citizen of a foreign government
How much money must be exceeded in order to legitimize a diversity of citizenship case?
Over $75,000
What defines standing?
The plaintiff must have experienced or been threatened with harm; the issue must be substantial and real (not hypothetical)
What are the 3 tiers of the federal court system?
- U.S. district courts and specialized courts
- Intermediate courts of appeal
- U.S. Supreme Court
What is the spread of district courts like through the country?
At least 1 district court in each state, with 4 in CA, NY, and TX
How many district courts and courts of jurisdiction are there?
94
Where do parties dissatisfied with district court verdicts have the option to appeal?
Federal appellate courts
How many courts of appeal are they? What makes them up?
13; numbered courts of appeal (11) and the D.C. Circuit that heart district court appeals
Where else can the DC circuits take appeals from? What does this handle?
It can take appeals from federal agencies and commissions; they handle financial claims, contracts, and patent appeals against the federal government
Do courts of appeal conduct new trials? If not, what does happen?
No; 3+ appellate justices review appealed cases to look at “questions of law” and not ”questions of fact”. This is a review of the act in question was a violation of the law
Are dissatisfied parties likely to succeed in taking their cases to the Supreme Court?
No
Are judgements of appeal courts final?
Sometimes
What is the highest court in the US?
The Supreme Court
How many justices have been on the Supreme Court throughout time?
From 1789 to 1869 there were 5 justices. After 1869 there have been 9 justices
What makes up the nine judges?
8 associate justices and 1 Chief Justice
What courts does Article III mention?
Only the Supreme Court
Who established “inferior courts”? What was a big difference when they were established?
Congress; the original jurisdiction is limited (Ex. Foreign diplomats or states were “parties”). It was mostly appellate jurisdiction
If a federal question is involved, who may review the case?
Federal appellate courts
Who are the nine Supreme Court justices?
- John Roberts Jr.
- Clarence Thomas
- RBG
- Stephen Breyer
- Samuel A. Alito
- Sonia Sotomayor
- Elena Kagan
- Neil Gorsuch
- Brett Kavanaugh
How much are associate judges paid? Chief justices?
$213,900; $223,500
What major court was developed in 1978? What was the result?
FISA (Foreign Intelligence Surveillance Act), which permitted creation of the FISA court?
How many judges are there in FISA court? What do they do?
11 judges; they meet in secret and do not publish order or opinions
When was FISA’s authority expanded? What was the result?
Under Clinton; FISA could now authorize physical and electronic searches
When was FISA’s domestic surveillance standard lowered?
Under Bush
When are Writs if Certiorari issued? What does it require?
When the Supreme a court agrees to review a case; it requires a lower court to submit records of the case
How many petitions are denied by the Supreme Court?
90%
How many justices are needed to issue a writ of certiorari? Who do they rely on before this issue?
4; they rely on their law clerks
What are decisions of appeals courts based on?
Abstracts, the records, and briefs
How do interest groups submit briefs? What do they do?
They use Amicus Curiae briefs; they present evidence and arguments supporting one party
What action is taken after briefs are submitted? What is this process like?
Oral arguments; Supreme Court Justices ask questions throughout oral arguments
How is an opinion defined?
A written statement of decision, reasoning, and applicable law
What does it mean for a case to be affirmed?
A higher court agrees
What does reversing a case mean?
A decision being annulled if a reversible error was made or the jury was improperly instructed
What does it mean when a case was remanded?
An error was made in lower courts, meaning the case may new instructions along with it
What is a majority in the Supreme Court? In the California Supreme Court?
5-8 of the 9 Supreme Court justices, 6/7 in the California Supreme Court
What does a concurrent decision mean? What does this normally require?
Justices agree with the decision, but not with the reasoning. It can require an explanation of reasoning written down
What is a dissenting opinion? What effect has it had?
A writing of disagreement by a justice; it has set new precedent on over 100 US cases
How many judgeships are there? How do they come about?
There are over 850; the president appoints them, the senate concurs
How long do judges serve?
Can be fit life
What causes an opening in judgeships? Which is the least likely?
- Retire voluntarily
- Resigning
- Dying in office
- Being impeached or removed - least likely
Who can veto a judicial appointment? When was this policy set into motion? What party was it based on?
Senators; it was pronounced by the GOP in 2000, but not implement until 2002. It was formed by the republic party base
What’s the name of one of the senate’s powers?
Patronage power
Who nominates state Supreme Court justices?
The state senate
Who restored the role of the president in nominations, even expanding it a little? Who continued this? Who later expanded discretion?
Reagan; continued by GHW, Bush, and Clinton; discretion by Bush
What happens in appellate court appointments?
- Handle more important issues
2. “Stepping-stones” into US Supreme Court
What is one issue with Supreme Court appointments?
They can be controversial
Who did Reagan fail to nominate in 87?
Judge Bork
What did Bork oppose?
- Conservative judicial beliefs
2. Firing Archibald Cox (water gate)
What is one issue justices face?
Opposition
When did an important case of sexual harassment having to do with the Supreme Court? With whom?
1991, with Thomas’s confirmation
Who had notably heated confirmations? When? Why were they opposed?
Roberts and Alito in 2005 and 2006; opposed because they were going to replace a conservative and a moderate
What is the court’s main power? When was this enunciated?
Determine the constitutionality of the other branches; enunciated in Marbury vs Madison, 1803
What does restraint mean in a judicial context?
the court defers decisions to elected officials and people
What does construction mean in a judicial context?
Approach regarding the constitution of statutes
What is a strict construction?
Seeing the constitution or statutes as “the letter of the law”
What is a broad construction?
Look to context and purpose behind the constitution or statutes
What checks on the courts do the executives have?
•Exec could refuse to implement court rulings (damaging to presidential popularity, but prefer appointing new justices to fill vacant seats)
What checks does the legislature have?
Refusing to appoint funds to carry out court decisions (uncommon yet possible)
What checks do constitutional amendments have on the court?
They can overturn court decisions at federal and state levels
What checks does rewriting laws have on the court?
Prevents judicial misinterpretations
What are other checks on the court?
- Public opinion
- Judicial tradition
a. Narrow focus
b. No meritless appeals
c. State decisis - Judicial doctrines
a. No hypothetical questions
b. Defer questions to other branches - Refer to lower courts
Why did many interest groups form? What are some examples?
As the result of a social movement. Ex. American Anti-Slavery Association (1883, pursuing abolition), National American Woman’s Suffrage Association (1890), NAACP and SCLC (civil rights movement)
What are latent interests?
Policies are not advocated by existing groups