Article 3- The Judiciary Flashcards

(22 cards)

1
Q

The Judiciary

A

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”

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2
Q

Why did the Founding Fathers and Article 3 create the Supreme Court?

A

So Congress has no power

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3
Q

Legal Requirements to be Federal judge

A

Presidential appointment/nomination
And
Senate approval

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4
Q

Political requirements to be a Federal judge

A
(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
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5
Q

How long is a federal judges term and why?

A

The term is for life to protect the judge from popular opinion

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6
Q

Are federal judges required to have legal training?

A

Today a law degree is essential. Prior experience as a judge is not required

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7
Q

Judicial temperament

A

Being an outstanding law abiding citizen, it keeps the respect and the power of the court
applies to all the law-enforcement

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8
Q

Why federal courts

A

There are issues not cornering the state such as crimes on bodies of water

When a government is created courts must be created

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9
Q

jurisdiction of federal courts

A

This means where they can operate

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10
Q

Federal question case one

A

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

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11
Q

What does constitutional involvement mean

A

The courts the define what the language of the Constitution means example what is speech, what is probable cause

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12
Q

Difference between state and federal crimes

A

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

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13
Q

Federal question case 2

A

Laws and treaties approved by the federal government. 90% state prostitution gambling etc. 10% federal crimes

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14
Q

Federal question case three

A

Cases involving the United States airspace, the high seas and bodies of water ajoining two or more states becomes federal

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15
Q

Diversity cases

A

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.

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16
Q

Define plaintiff

A

A plaintiff is the person filing the lawsuit

17
Q

Diversity case one

the United States government is a party in the case

A

To sue any government you need their permission this is to protect their sovereignty

18
Q

Diversity case two

Controversies between two or more states

A

Goes right to the Supreme Court

19
Q

Diversity case three

Controversies between a state and citizens of another state

A

Must be at least $75,000

20
Q

Diversity case four

Conflicts with citizens of different states

A

For example, Dr.Wu crash over $75,000 this includes suing corporations for over $75,000

21
Q

Diversity case five

Cases involving foreign states and citizens

A

Say great Britain versus the ciminell corporation

22
Q

Diversity Case Six

Foreign Representatives

A

All cases involving for representatives have diplomatic immunity