The Supreme Court: Flashcards
Who is the Chief Justice of the United States?
John Roberts
John Roberts (Chief Justice) was appointed which president in 2005?
Bush
Marbury V. Madison
Marbury Sued Madison because Jefferson Refused to deliver Marbury’s Commission. The Supreme Court took the case.
Who wrote the Judiciary Act of 1789?
Chief Justice John Marshall
What did the Judiciary Act of 1789 spell out?
Stated the practice of delivering such commissions for judges and justices of peace was unconstitutional because it gave the Supreme Court authority it was denied in the Article 3 of the constitution.
Who stated the Judiciary Act of 1789 was illegal?
The Supreme Court
When was the first time the supreme court struck down a law because it was unconstitutional and started the beginning of the Judicial Review?
Marbury V. Madison
Process of Hearing Cases by the U.S. Supreme CourtL
1) Submit Appeal
2) Appeal Granted (Rule of Four)
3) Submit Brief (Merit Briefs)
4) Oral Arguments
5) Conference
6) Write Opinions
7) The Decision is Final
Process to the Supreme Court:
1) Federal Indictment
2) Federal Grand Jury Hearing
3) True Bill of Indictment
4) Trial in Federal District Court
5) Verdict by Trial (Petit) Jury
6) Appeal to Courts of Appeal (Circuit Courts)
7) 3 Panel court decides to uphold or overturn verdict
8) Appeal to U.S. Supreme Court
Appeal to Courts of Appeal
Circuit Courts
Submit Appeal (Process of Hearing)
Lawyers write an appeal for the court to issue a writ of certiorari
Writ of Certiorari
Forces lower courts to send documents from the case to be reviewed
Appeal Granted (Process of Hearing)
Rule of Four: 4 of 9 Justices agree to put case on docket (Schedule)
Docket (Process of Hearing)
Schedule
Submit Brief (Process of Hearing)
Merit Briefs are written legal arguments by lawyers to support one
Amicus Curiae Briefs (Process of Hearing)
Friend of Court (Interest Group File)
Oral Arguments (Process of Hearing)
The Lawyers have the opportunity to give their arguments and ask questions about the case. It is almost always limited to 7 sittings at 30 minutes for each side (2 weeks long)
Conference (Process of Hearing)
Justices discuss and vote on cases. (Wednesday morning and on Friday)
Write Opinions (Process of Hearing)
After voting on the case, each justice may write their opinions
Judicial Restraint (Making Decisions)
The Court limits itself to matters of law and justice as they are brought before them.
Judicial Activism (Making Decisions)
The Court does not refrain from making policy with its decisions
Write Opinions: (Making Decisions)
1) Majority
2) Concurring
3) Dissenting
Majority:
The Decision of Court
Concurring:
Agrees with the decision but wants to explain
