Term
| How does the Judicial Branch check the other branches? |
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Definition
| It can impeach and check presidency; it can check Congress' laws and if they are true to the Constitution |
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Term
| What did the Judiciary Act of 1787 establish? |
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Definition
| The three-tiered structure of the federal court system that says that federal district courts at bottom, appeals would be made at circuit courts (appeals court), cuircut courts today only review the findings of lower courts; Supreme Court at top |
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Term
| What did John Marshall do? |
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Definition
| He discontinued sariatim (speaking as an equal branch and not giving 6 separate verdicts or opinions) , held that the court have one voice, have Supreme Court over the judiciaries of various states, the right of judicial review |
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Term
| What case asserted and implied judicial review and how? |
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Definition
| Marbury v. Madison; They found that the congressional statute extending the corut's original jurisdiction was unconstitution; implied from the supremacy clause |
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Term
| How is the American judicial system structured? |
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Definition
A. In the Federal Court System:
- The US district courts on bottom with 94 courts with original jurisdiction
- The US court of Appeals with 13 courts only hearing appellate jurisdiction
- The Supreme Court hearing cases in original and appellate jurisdiction
B. In the State Court System:
- Trial Courts
- State Appellate courts found in 39 states
- 52 Highest State courts
- US Supreme Court
C. Court of Military Appealss, Court of Claims, and Court of International Trade all go straight to Supreme Court
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Term
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Definition
| Authority vested in a particular court ot hear and decide the issues in a particular case |
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Term
| What do civil cases involve? |
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Definition
| Lawsuits filed to recover something of value like voting or fair treatment |
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Term
| Explain the organization of the district courts. |
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Definition
They are federal trial courts that cases fall under
- involvement of the federal government as a party
- present a claim under the Constitution, a treaty, or federal statute, federal question
- civil cuits of citizens from different states; involving money greater than $75,000
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Term
| Explain the organization of the Court of Appeals. |
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Definition
There are 11 numbered court of appeals
The 12th court of appeals is the US Court of Appeals for the DC circuit
The 13th federal appeals court is US Court of appeals for Federal Circuit
- These courts hears appeals from criminal and civil cases from district courts and administrative agencies
- They correct errors of law and procedure that occured in lower courts
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Term
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Definition
| a document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial |
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Term
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Definition
| A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature |
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Term
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Definition
| In court rulings a reliance on past decisions or precedents to formulate decisions in new cases |
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Term
| How does the Supreme Court exercise its power? |
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Definition
| It reviews cases from appeals and states, decides policy significance, ensures uniformity in interpretation of national laws and Constitution, resolves conflicts among states, and maintains the supremacy of national law in federal system |
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Term
| What are the 6 Criteriors for selecting a Justice? (How are Federal Court Judges Selected?) |
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Definition
- Competence
- ideology or policy preferences
- rewards
- political support
- religion
- race
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Term
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Definition
| process by which president generally defer selection of district court judges to the choice of senators of their own party who represent the state where the vacancy occurs |
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Term
| How are nominees approved? |
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Definition
- The FBI and Senate Judiciary Committe investigates nominee
- Lobbying done by interest groups to sway a president's opinion of a nominee
- The Senate Committee hold hearings and Senate votes to confirm nominee
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Term
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Definition
| A request for the Supreme Court ot order up the records from a lower court to review the case |
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Term
How does a case get heard by the Supreme Court?
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Definition
- Case must come from US appeals court, military appeals, district court, or state court and involve a federal question or constitutional law
- clerk reviews petitions from lawyers filing a writ of certiorari
- At least 4 Justices decide if case should be heard
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Term
| What role do clerks have? |
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Definition
| they research material, read and summarize cases, help justice in any form |
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Term
| What are the reasons political scientists think the Court hears a case? |
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Definition
- Federal government is the party asking for reviews
- case involves conflict among court of appeals
- When civil rights or liberties become involved
- case involves ideological or policy preference of justice
- case has significant social or political interst by "amicus curiae"
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Term
| How are cases heard and decided in the Court? |
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Definition
- An oral argument is heard of immediate parties
- closed conferences only for justices
- written opinions set out legal reasoning justifying the system of stare decisis
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Term
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Definition
| A philosophy of judicial decision making that posits courts should allow the decisions of their other branches of government to stand, even when they offend a judge's own principles |
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Term
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Definition
| A philosophy of judicial decision making that posits judges should use their power broadly to further justice |
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Term
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Definition
| An approach to constitutional interpretation that emphasizes interpreting the Constitution as it was written by Framers |
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Term
| What are the 3 models of judicial decision making? |
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Definition
- behavioral characterists that are influenced by childhood and values, etc. that would sway a judge
- justices attitudinal model about party and personal preferences influence a decision
- strategic model to preserve their policy and personal goals over a long term; influence justices' votes
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Term
| What are the 3 factors that influence judicial decision making? |
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Definition
- Judicial philosophy, original intent, and ideology
- models of judicial decision making
- public opinion from media
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Term
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Definition
| How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit |
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