The United States Supreme Court Flashcards
13
judicial activism??
is the only court specifically established by the Constitution, all the others were created by Congress
Supreme Court
common law- the major advantages to this type of system
are effeciency and stability
disputes resolved by the adversarial process
each side represented by attorney
present own version of events
resolve as fairly as possible
mistakes may be examined by appeal
federal district courts and federal courts of appeals
Federal district courts have a jury and federal courts of appeals, which are also known as appellate courts, hear cases in panels of three
the ultimate appellate court
supreme court
hear cases that have been decided
federal courts of appeal, federal district courts, and state supreme courts
federal courts jurisdiction, cases in which the subject matter involves
the us constitution, statutes, treaties, and maritime laws
state courts
almost all criminal matters
president wants judges who have merit, but they consider judges who meet political criteria as well
members of their parties
robert bork nominated Reagan
president attempt to seek candidates without a paper trail, or at least without incriminating one (no footprints, no fight)
since 1968, six have been rejected
primarily based on ideology. Increased activism of the courts in the 1960s.
strategy of the opposite party
use the opportunity to energize their base
tenure of judges
life
judicial restraint
to limit the exercise of their own power. Is asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional