U.S. Judiciary Flashcards
Jurisdiction
Authority vested in a court to hear and decide cases (both geographic and legal in nature)
Original Jurisdiction
The jurisdiction of courts that hear a case first.
Appellate Jurisdiction
The power of courts to hear and review cases decided by lower courts.
How did Alexander Hamilton refer to the courts?
The least dangerous branch of government.
What courts are enumerated in Article III?
Supreme court and “other courts as established by Congress.”
Supreme Court Original Jurisdiction
Disputes between states.
Supreme Court Appellate Jurisdiction
all other cases
Why did the framers give federal judges lifetime tenure?
To insulate them from the whims of politics.
How do checks and balances work with the judiciary?
President nominates judges, the Senate confirms them, the court can find laws passed by Congress unconstitutional, Congress can impeach judges
Federalist 78
Federalist paper authored by Alexander Hamilton that covers the role of the judiciary including judicial review.
Judiciary Act of 1789
Legislation that created the current three-tiered system of the judiciary.
First Supreme Court Justice
John Jay (one of the authors of the Federalist Papers)
How many justices on the Supreme Court?
9 (fixed in 1869)
Was Supreme Court initially effective?
No. First session was missing half the justices. When the federal government moved to D.C., they forgot to provide space for the court, Supreme Court justices also had to serve as lower court justices, traveling a lot.
Whiskey Rebellion
civil insurrection in 1794 suppressed by military force by Washington.
Chisolm v Georgia
Supreme Court case that allowed citizens to bring suit against a state in which they did not reside.
11th Amendment
overturned Chisolm v Georgia
Longest Serving Chief Justice
John Marshall (appointed by Adams just before he left office)
Key Contributions by the Marshall Court
1) spoke as one court instead of individual justices, 2) established authority over state courts (McCulloch v Maryland, and 3) judicial review (Marbury v Madison)
Why was Marbury v Madison so important?
Constitution actually didn’t include judicial review as a role of the judiciary.
Trial court
court of original jurisdiction
Legislative court
Courts established by Congress for specialized purposes (Appeals for Veterans Claims)
Constitutional (or Article III) Courts
Federal district and appellate courts and the Supreme Court because Article III either establishes them or authorizes Congress to do so.
How Many District Courts?
94
Do district courts cross state lines?
No. (each has at least one)
Can federal courts have juries?
Yes
Kinds of cases heard by federal courts.
1) federal government is a party to the case, 2) present a federal question under the Constitution or a treaty or federal statute, and 3) involve civil suits between citizens of different states for values greater than $75,000
How many judges are there for a given case in an appellate court?
3 but a litigant can request “en banc” which is when all the judges in an appellate court (anywhere from 6 to 30) hear a case.
Brief
Document containing written legal arguments filed with a court prior to trial.
Precedent
a prior judicial decision that serves as a rule for setting subsequent cases of a similar nature.
stare decisis
reliance on past decisions to formulate decisions in new cases.
senatorial courtesy
Process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination simply by registering an objection.
First woman Supreme Court Justice
Sandra Day O’Connor
Process to become federal judge.
Nominated by the president, considered by the Senate Judiciary committee, then voted on by the full Senate. Simple majority is required.
How many cases are filed with the Supreme Court each year and how many do they accept?
8000 and less than 100.
