The Supreme Court Flashcards
How does a case end up in federal court?
If:
Break federal law
Involves treaties with foreign states
Involves the US Constitution
It’s a civil case involving more than one state where more than $75k is involved
How many federal courts are there?
94 district trial courts organised by geography and grouped into 12 circuits
2 organised by case
What are the 2 federal courts organised by case?
US court of international trade
US court of federal claims
These are both federal appellate courts
Which article the constitution established the Supreme Court?
Article III section I
Who determines the size of the Supreme Court?
Congress, currently 9 members
How long do SC judges serve?
Life terms unless they die retire or are impeached
When does the SC have original jurisdiction over cases?
Outlined in Article III section 2
When a case involves disputes between states or involving foreign diplomats
What is judicial review?
Power of judiciary to strike down actions of the executive or legislature as unconstitutional
Very important check
What SC case essentially established judicial review?
Marbury V. Madison 1803
Chief Justice John Marshall declared section 13 of 1789 judiciary act unconstitutional
Court ruled that someone needs to check and interpret the constitution
How does someone become a SC judge?
Nominated by president, approved by senate
What are the 3 key factors in being a good SC judge?
Experience
Character
Ideology
What happens when the SC decides to hear a case?
They order a writ of certiorari to be sent up from the lower courts
What are the rules of access?
Actual case or controversy
Suffered some sort of physical or economic injury
Cases must be relevant, known as mootness
Supreme Court Trial 1:
Begins with briefs written by lawyers on both sides outlining their argument
Petitioners then get a chance to respond to the briefs
Supreme Court Trial 2:
Case then moved into court and oral arguments are presented in person, each side is given 30 mins
Judges can interrupt at any moment
Supreme Court Trial 3:
Justices then retire and discuss in secret, known as the conference
Chief Justice speaks first, 5 votes needed for case to be won
One justice chosen by chief to do opinion wiring, v. imp as it sets precedent for future cases
What is judicial restraint?
Where judges try to limit their power, don’t go looking for cases
Try to stick closely to words of constitution- strict constructionism
Try to look at non-political cases, purely legal question
What is judicial activism?
Idea that judges should address political issues
Constitution should be interpreted to reflect modern standards, its 200 years old
Mapp V. Ohio
1961
Court ruled in favour of Mapp as decided the 4th amendment had been violated
There was no search warrant
Miranda V. Arizona
1966
Court ruled that 5th amendment restricts prosecutors from using any statement made unless the person was made aware of their right to consult an attorney
Become known as the ‘Miranda warning’
NLRB V. Jones + Laughlin Steel Cooperation
1937
Court ruled that National Labour Relations Act was a proper exercise of Congress’ power to regulate interstate commerce
Steel cooperation engaged in unfair labour practices
