The Courts Flashcards
Which article in the articles of confederation called for the creation of “one supreme Court”
Article III
What does Article III of the articles of confederation distinguish between?
It distinguishes which are matters of original jurisdiction and which are for appellate jurisdiction.
original jurisdiction
a case is heard for the first time,
appellate jurisdiction
a court hears a case on appeal from a lower court and may change the lower court’s decision.
What specific cases can the court use original jurisdiction?
Between states, between the US and foreign ambassadors, or ministers
In explaining the importance of an independent judiciary separated from the other branches of government, Hamilton said ___________ was a key role of the courts as they seek to protect people from unjust laws.
“interpretation”
True or false: Alexander Hamilton said that the Judicary Branch was the most dangerous
False (because it had “no influence over either the sword or the purse,” it had “neither force nor will, but merely judgment.”)
How can the Supreme Court be described today?
a key component of the nation’s constitutional democracy, finding its place as the chief interpreter of the Constitution and the equal of the other two branches, though still checked and balanced by them.
The framework for the current federal judicial system was laid out during the first session of the first U.S. Congress.
Judiciary Act of 1789
the basic structure of the judicial branch
At the lowest level are the district courts, where federal cases are tried. A losing party may appeal to the circuit courts, or U.S. courts of appeals, where the decision is reviewed. Still further, appeal to the U.S. Supreme Court is possible, but of the thousands of petitions for appeal, the Supreme Court will typically hear fewer than one hundred a year.3
Why does the the basic structure of the judicial branch remain?
It was set so early on
Where did the Supreme court start?
New York in 1790,
What did the early supreme court focus on?
establishing its rules and procedures and perhaps trying to carve its place as the new government’s third branch.
Early diffuculty for the supreme court
They didn’t have a official building so they had trouble getting the justices to show up. Even when the fed gov moved to the nations capital in 1800, the Court shared a space with Congress in the Capitol.
How did the court get it’s own building
Court’s 146th that Congress, at the urging of Chief Justice, and former pres, William Howard Taft, provided designation and funding for the Supreme Court’s building, “on a scale in keeping with the importance and dignity of the Court and the Judiciary as a coequal, independent branch of the federal government.”
Chisholm v. Georgia (1793),
the justices ruled that the federal courts could hear cases brought by a citizen of one state against a citizen of another state, and that Article III, Section 2, of the Constitution did not protect the states from facing such an interstate lawsuit.
The decision of Chisolm v. Georgia was overturned by which amendment?
the Court ruled that federal courts could hear cases where a person from one state sued someone from another state. They believed Article III, Section 2, of the Constitution didn’t protect states from such lawsuits. However, this decision was quickly overturned by the Eleventh Amendment in 1794, ratified in 1795. The Eleventh Amendment prevented federal courts from hearing cases where citizens of one state sued another state, or citizens of a foreign country. This move signaled that Congress had the power to adjust the courts’ jurisdiction, showing its readiness to use this authority.
First chief justice
John Jay
Leaving of John Jay and entry of John Marshall
John Jay resigned from his position of first chief justice. This might have made the Court in a state of “natural feebleness” but John Marshall became the 4th chief justice.
- Madison vs Maybury was going on during transfer of power
John Marshall
- defined modern court
- clarifyies courts power
- strengthened its roll
- served thirty for year
judicial review
Judicial review is the power of the courts, as part of the system of checks and balances, to look at actions taken by the other branches of government and the states and determine whether they are constitutional.
Which case was judicial review established?
in the Supreme Court case Marbury v. Madison, when, for the first time, the Court declared an act of Congress to be unconstitutional.
True or false: The power of judicial review is confined to the Supreme Court
False. It is is also exercised by the lower federal courts and even the state courts.
If the courts find an action to be unconstitutional, what happens to it?
it becomes null and void
Common law
Common law refers to a legal system where decisions made by judges in previous cases, known as precedents, play a significant role in determining the outcome of current or future cases.
What system does common law contrast with?
Code law
The process from the State Trial Courts to the US Supreme Court
1.State Trial Court
2. Intermediate Appellate Courts
3. State Supreme Courts
4. US Supreme Court
Compare congress and president, and the supreme court in their role as policy makers
Congress and pres- consider borad qs of public policy and their costs and benefits
courts consider specific cases with narrower questions, thus enabling them to focus more closely than other government institutions on the exact context of the individuals, groups, or issues affected by the decision.
Affordable Care Act
a statute that brought significant changes to the nation’s healthcare system.
By what means could the Supreme Court have thrown out Obama Care
juidicial review
in Burwell v. Hobby Lobby
for religious reasons, some for-profit corporations could be exempt from the requirement that employers provide insurance coverage of contraceptives for their female employees.
King v. Burwell
the Court upheld the ability of the federal government to provide tax credits for people who bought their health insurance through an exchange created by the law.
How does the Supreme Court serve as an umpire in ACA (affordable care act) cases
upholding the law and some of its provisions on one hand, but ruling some aspects of it unconstitutional on the other. Both supporters and opponents of the law have claimed victory and faced defeat.
What might a citizen or group do that feels mistreated?
Organizing protests, garnering special interest group support, and changing laws through the legislative and executive branches are all possible, but an individual is most likely to find the courts especially well-suited to analyzing the particulars of a case.
is judicial reiview a power given to the Supreme Court in the constitution?
no it’s a power to which Hamilton had referred but that is not expressly mentioned in the Constitution.
The adversarial judicial system comes from which tradition?
The common law tradition
T/F The federal court system is most often called upon when a case touches on constitutional rights.
true
Brown v. Board of Education
Court ordered desegregation in schools
T/F The courts usually grant rights to a person instantly and upon request.
False
What does the supreme court try to balance?
they still balance that expansion with the government’s need to govern, provide for the common good, and serve a broader societal purpose.
Bucklew v. Precythe
the court again rejected an Eighth Amendment claim of the death penalty as torture.
The courts before the supreme court
the states had courts. Each of the 13 colonies also had courts.
dual courts
, with courts at both the national and state levels.
The process from the US District Courts to the US Supreme Court
- US District Courts
- US Courts of Appeals
- US Supreme Court
T/F The Federal Government has strict guidelines for state courts in the way they organize themselves, to avoid overlap
False. state and federal court systems sometimes intersect and overlap each other, and no two states are exactly alike when it comes to the organization of their courts. Since a state’s court system is created by the state itself, each one differs in structure, the number of courts, and even name and jurisdiction.
Cases heard by the U.S. Supreme Court come from two primary pathways:
the circuit courts, or U.S. courts of appeals (after the cases have originated in the federal district courts), and (2) state supreme courts (when there is a substantive federal question in the case).
Courts hear two different types of disputes:
criminal and civil.
What happens under criminal law
governments establish rules and punishments; laws define conduct that is prohibited because it can harm others and impose punishment for committing such an act.
What do civil law cases involve?
two or more private (non-government) parties, at least one of whom alleges harm or injury committed by the other.
T/F the Supreme Court typically hears fewer then 100 cases a year
true
_________ courts really are the core of the U.S. judicial system,
state
What kinds of cases are heard by state courts?
Most crimes and criminal activity, such as robbery, rape, and murder, are violations of state laws, and cases are thus heard by state courts. State courts also handle civil matters; personal injury, malpractice, divorce, family, juvenile, probate, and contract disputes and real estate cases, to name just a few, are usually state-level cases.
What kind of cases do the fedral courts hear?
The federal courts, on the other hand, will hear any case that involves a foreign government, patent or copyright infringement, Native American rights, maritime law, bankruptcy, or a controversy between two or more states. Cases arising from activities across state lines (interstate commerce) are also subject to federal court jurisdiction, as are cases in which the United States is a party. A dispute between two parties not from the same state or nation and in which damages of at least $75,000 are claimed is handled at the federal level.
diversity of citizenship case.
A dispute between two parties not from the same state or nation and in which damages of at least $75,000 are claimed
t/f
However, some cases cut across the dual court system and may end up being heard in both state and federal courts.
Reliance on _________ has enabled the federal courts to operate with logic and consistency that has helped validate their role as the key interpreters of the Constitution and the law—a
precedent
the trial courts of the national system, in which federal cases are tried, witness testimony is heard, and evidence is presented.
courts of appeals, or circuit courts
These are the trial courts of the national system, in which federal cases are tried, witness testimony is heard, and evidence is presented.
district courts
T/F No district court crosses state lines, and a single judge oversees each one. Some cases are heard by a jury, and some are not.
True
T/F The US Supreme Court cannot overrule rulings by the court of appeals (aka circuit courts)
False
T/F Article 3 of the constitution calls for district courts?
False
Who established district courts and narrowly defined their jurisdiction, at first limiting them to handling only cases that arose within the district.
Congress
T/F the jurisdiction of the district courts has expanded over time?
True
Judicial Code of 1911
The Judicial Code of 1911 was the most expansive act concerning the judiciary ever passed by Congress. It finally abolished all the circuit courts, transferring all their jurisdiction to the district courts, thereby making them the first level of the federal judiciary in every case.
What did the circuit courts start out as?
trial courts for most federal criminal cases and for some civil suits, including those initiated by the United States and those involving citizens of different states.
How did circuit courts work before they had their own judges?
the local district judge and two Supreme Court justices formed each circuit court panel.
Do circuit courts exercise appellate juridiction?
Circuit courts also exercised appellate jurisdiction over most civil suits that originated in the district courts; however, that role ended in 1891, and their appellate jurisdiction was turned over to the newly created circuit courts, or U.S. courts of appeals.
How many justies on the supreme court?
9
How many chief justices of the nine justices on the supreme court?
1
How many associate justices of the nine justices on the supreme court?
8
How many justices on circuit courts?
3
How many justices on federal district courts?
1
What principle does the Supreme Court operate?
stare decisis
stare decisis
which means that today’s decisions are based largely on rulings from the past, and tomorrow’s rulings rely on what is decided today.
“Adherence to precedent must then be the rule rather than the exception if litigants are to have faith in the even-handed administration of justice in the courts.” What is this quote by Benjamin Cardozo reffering to?
Stare decsis
When the legal facts of one case are the same as the legal facts of another, ____________dictates that they should be decided the same way, and judges are reluctant to disregard precedent without justification.
stare decisis
Plessey v. Ferguson (1896),
which brought the doctrine of “separate but equal”
How are judges chosen at the federal level?
At the federal level, the president nominates a candidate to a judgeship or justice position, and the nominee must be confirmed by a majority vote in the U.S. Senate, a function of the Senate’s “advice and consent” role.
T/F Judges can serve up to 2 terms in national courts
False (All judges and justices in the national courts serve lifetime terms of office.)
What happens after the preisident chooses a nominee
The president’s nominee is then discussed (and sometimes hotly debated) in the Senate Judiciary Committee. After a committee vote, the candidate must be confirmed by a majority vote of the full Senate. He or she is then sworn in, taking an oath of office to uphold the Constitution and the laws of the United States.
senatorial courtesy
senators exert considerable influence on the selection of judges in their state, especially those senators who share a party affiliation with the president.
What happens when a vacancy occurs in a lower federal court, by custom
the president consults with that state’s U.S. senators before making a nomination.
T/F It’s unheard of for a president to nominate a judge that doesn’t align with their party
False
Who are these poeple: Breyer, Sotomayor, and Kagan
Current liberal leaning Supreme Court Justices
Who are these people: Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, Roberts
Current conservative leaning Supreme Court Justices
Current Supreme Court Justice
Roberts
People who work for the Supreme Court Justice
Each justice has three or four law clerks, recent law school graduates who temporarily work for the justice, do research, help prepare the justice with background information, and assist with the writing of opinions.
annual session of Supreme Court
begins its annual session on the first Monday in October and ends late the following June.
docket
which is the list of cases scheduled on the Court’s calendar. The Court typically accepts fewer than 2 percent of the as many as ten thousand cases it is asked to review every year.49
How are court names listed?
Italics. Winning party written first.
writ of certiorari
a request that the lower court send up its record of the case for review.
What happens once a writ of ceriorari is granted?
the case is scheduled on the Court’s docket.
How many judges must vote to accept a case?
4
Why might the court grant certiorari?
- Because there is an issue among the lower courts
- Because there is more interest group activity around it
- media attention
- influence from the solicitor general
solicitor general
the lawyer who represents the federal government before the Supreme Court: He or she decides which cases (in which the United States is a party) should be appealed from the lower courts and personally approves each one presented
What happens once a case has been placed on the docket
briefs, or short arguments explaining each party’s view of the case, must be submitted—first by the petitioner putting forth the case, then by the respondent.
What happens once the initial briefs have been filled?
both parties may file subsequent briefs in response to the first.
Likewise, people and groups that are not party to the case but are interested in its outcome, may ________________________________ giving their opinion, analysis, and recommendations about how the Court should rule.
file an amicus curiae (“friend of the court”) brief
What happens in the supreme court from October through April
oral arguments
Describe what happens durring oral arguments
each side’s lawyers have thirty minutes to make their legal case, though the justices often interrupt the presentations with questions.
What do justices consider the purpose of oral arguments
not as a forum for a lawyer to restate the merits of the case as written in the briefs, but as an opportunity to get answers to any questions they may have.
What does the soliter general do When the United States is party to a case
, the solicitor general (or one of the solicitor general’s assistants) will argue the government’s position; even in other cases, the solicitor general may still be given time to express the government’s position on the dispute.
What happens When oral arguments have been concluded,
When oral arguments have been concluded, the justices have to decide the case,
Where do justices decide a case?
In a conference
T/F The conference is also a time to discuss petitions for certiorari
True (but for those cases already heard, each justice may state their views on the case, ask questions, or raise concerns)
Describe the sequence of events tha takes place in a conference
The chief justice speaks first about a case, then each justice speaks in turn, in descending order of seniority, ending with the most recently appointed justice.60 The judges take an initial vote in private before the official announcement of their decisions is made public.
T/F Oral arguments are not open to the public, but cameras are allowed in the courtroom,
False. Oral arguments are open to the public, but cameras are not allowed in the courtroom,
How do the justices make a decision
majority opinion
When might a tie vote occur in the Supreme court
A tied vote is rare but can occur at a time of vacancy, absence, or abstention from a case, perhaps where there is a conflict of interest.
What happens in the event of a tied vote?
A tied vote is rare but can occur at a time of vacancy, absence, or abstention from a case, perhaps where there is a conflict of interest.
Which justice writes the opinion
If in the majority, the chief justice decides who will write the opinion. If not, then the most senior justice ruling with the majority chooses the writer.
T/F Any justice who disagrees with the majority may write a separate dissenting opinion.
True
When can a judge write a concurring opinion.
If a justice agrees with the outcome of the case but not with the majority’s reasoning in it, that justice may write a concurring opinion.
Releasing of court decisions
Court decisions are released at different times throughout the Court’s term, but all opinions are announced publicly before the Court adjourns for the summer.
Judicial activism
the need to defend individual rights and liberties, and they aim to stop actions and laws by other branches of government that they see as infringing on these rights. A judge or justice who views the role with an activist lens is more likely to use judicial power to broaden personal liberty, justice, and equality.
judicial restraint
the tendency to defer decisions (and thus policymaking) to the elected branches of government and stay focused on a narrower interpretation of the Bill of Rights. These justices are less likely to strike down actions or laws as unconstitutional and are less likely to focus on the expansion of individual liberties.
T/F While it is typically the case that liberal actions are described as unnecessarily activist, conservative decisions can be activist as well.
True
Critics of the judiciary often deride activist courts for involving themselves too heavily in certain matters because…
they believe they are better left to the elected legislative and executive branches.
How can the president ifluence the court
the solicitor general’s involvement or through the submission of amicus briefs in cases in which the United States is not a party.
How does Congress check the Supreme Court
It retains the power to modify the federal court structure and its appellate jurisdiction, and the Senate may accept or reject presidential nominees to the federal courts. Faced with a court ruling that overturns one of its laws, Congress may rewrite the law or even begin a constitutional amendment process.
The most significant check on the Supreme Court is
is executive and legislative leverage over the implementation and enforcement of its rulings. (The Court relies on the executive to implement or enforce its decisions and on the legislative branch to fund them. As the Jackson and Lincoln stories indicate, presidents may simply ignore decisions of the Court, and Congress may withhold funding needed for implementation and enforcement.)
judicial implementation
executive and legislative leverage over the implementation and enforcement of its rulings.
T/F While it is true that courts play a major role in policymaking, they have no mechanism to make their rulings a reality.
True (The Court relies on the executive to implement or enforce its decisions and on the legislative branch to fund them. As the Jackson and Lincoln stories indicate, presidents may simply ignore decisions of the Court, and Congress may withhold funding needed for implementation and enforcement.)
