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