The Judicial Branch and Civil Liberties Flashcards
type of law dealing with crimes and their punishments; Protects interests of state (state vs. individual), b/w prosecutor (government) and defendant, defendant must be guilty “beyond reasonable doubt” to be convicted, conviction results in removal of “life, liberty, or property”
Criminal Law
type of law dealing with the rights and relationships of citizens; Protects interests of individual (individual vs. individual), b/w plaintiff and defendant, a preponderance of evidence (above 50%) is necessary, if convicted, there are monetary penalities
Civil Law
allows judges to interpret the Constitution and deem something unconstitutional
Judicial Review
the rule of precedent, whereby a rule or law contained in a judicial decision is viewed as binding on judges whenever the same question is raised “let the decision stand”
Stare Decisis
the view that judges should decide cases strictly on the basis of the language of the laws and the constitution
Strict-constructionist approach
principle that courts will not overturn previous decisions
Judicial Restraint
the view that judges should discern the general principles underlying the constitution, and apply them to modern circumstances. These justices typically try to overturn precedent
Activist approach
- Each state has at least one district court
- 94 district courts in the 50 states, the District of Columbia and the Commonwealth of Puerto Rico.
- District judges are bound by the precedents of higher courts
- Federal judges are appointed by the president, and confirmed by the senate
- If for whatever reason the supreme court is tied, then the precedent set forth by the previous court is maintained WITHIN THAT DISTRICT
Structure of the Federal Courts
the lowest federal courts, where federal trials usually go first, use jury
District Courts
Federal courts that hear appeals from district courts, no juries, decisions made by panels of appointed judges. To get here someone must claim that their constitutional rights have been violated
Courts of Appeals (circuit courts)
Hears appeals of appeal court rulings (somebody appeals the decision of the circuit court). 4 of 9 justices must agree to hear case; has original jurisdiction in cases between states or with foreign ambassadors
Supreme Court
4 of 9 justices must agree to hear case
Writ of Certiorari
- The president’s staff presents him with possible nominees (typically other judges), FBI does background check, president looks at previous record of the individuals, conducts litmus test, uses senatorial courtesy & finally selects nominee
- The Senate Judiciary committee members and staff review candidates, interest groups campaign for/against nominees, senate judiciary committee holds hearing, asking nominee questions, finally votes up/down on whether to send recommendation to the full senate
- The full senate has open floor debate on nominee, votes on confirmation
- If confirmed, the judge is given an oath of office by the Chief Justice
Appointing Judges
determines political views
Litmus test
preferences of senators from the district where the judge will serve
Senatorial Courtesy
Since applying for a writ of certiorari costs $300, there’s a cheaper way where poor people can have their cases heard in federal court for free
In Forma Pauperis
rule that citizens cannot sue the government without the government’s consent
Sovereign Immunity
