Article 3- The Judiciary Flashcards
(22 cards)
The Judiciary
Article Three
Had little respect at first
Is now the most respected branch of government
“The judicial power of the US shall be vested in one Supreme Court and in such inferior courts as Congress may from tie to time ordain and establish”
Why did the Founding Fathers and Article 3 create the Supreme Court?
So Congress has no power
Legal Requirements to be Federal judge
Presidential appointment/nomination
And
Senate approval
Political requirements to be a Federal judge
(Requirements to be taken seriously are important to the public and the media) 90% of judges appointed are from the Presidents party ALL federal (low and high) courts are appointed by the president and you have the job for life. The appointee has a philosophy similar to the presidents Has done nothing embarrassing
How long is a federal judges term and why?
The term is for life to protect the judge from popular opinion
Are federal judges required to have legal training?
Today a law degree is essential. Prior experience as a judge is not required
Judicial temperament
Being an outstanding law abiding citizen, it keeps the respect and the power of the court
applies to all the law-enforcement
Why federal courts
There are issues not cornering the state such as crimes on bodies of water
When a government is created courts must be created
jurisdiction of federal courts
This means where they can operate
Federal question case one
They deal with the U.S. Constitution being challenged or a federal or state law becoming an issue i.e. burning the flag, the death penalty
What does constitutional involvement mean
The courts the define what the language of the Constitution means example what is speech, what is probable cause
Difference between state and federal crimes
90% of crimes are committed at the state level. 10% of crimes are committed at the federal level. State/federal laws are always under review and maybe eliminated they violate the Constitution
Federal question case 2
Laws and treaties approved by the federal government. 90% state prostitution gambling etc. 10% federal crimes
Federal question case three
Cases involving the United States airspace, the high seas and bodies of water ajoining two or more states becomes federal
Diversity cases
These cases deal with people from different states or different countries. It only deals with lawsuits that are at least $75,000. Congress set this minimum amount. This makes the federal court a fair playing field for all parties.
Define plaintiff
A plaintiff is the person filing the lawsuit
Diversity case one
the United States government is a party in the case
To sue any government you need their permission this is to protect their sovereignty
Diversity case two
Controversies between two or more states
Goes right to the Supreme Court
Diversity case three
Controversies between a state and citizens of another state
Must be at least $75,000
Diversity case four
Conflicts with citizens of different states
For example, Dr.Wu crash over $75,000 this includes suing corporations for over $75,000
Diversity case five
Cases involving foreign states and citizens
Say great Britain versus the ciminell corporation
Diversity Case Six
Foreign Representatives
All cases involving for representatives have diplomatic immunity