Bueracracy Flashcards
(30 cards)
Restraint
Judges should decide cases based strictly on the basis of constitutional language (strict constructionists)
What is judicial review?
Federal courts weapon in system of checks and balances (maybury vs. Madison)
Activism
Judges should discern from the general principles underlying law / constitution and apply to modern circumstances
Created judicial review, implied powers and supremacy clause
Marbury vs. Madison 1803
Mccullock vs. Maryland 1819
Jurisdiction
Worcester v. Georgia 1832
States do not have criminal jurisdiction in Indian territory
No standing slaves are property Taney court
Dred Scott v. Sanford 1857
Constitutional court
Courts where they are protected by the constitution
Legislative court
Set up by congress for specific reason (military tax intl. claims)
Selecting judges
Party background does make a difference
In how judges behave
Liberal decision
Favor civil rights govt. Regulation
Conservative decision
Opposes regulation favors states govt
Litmus test
Examination of party ideology of nominated judge and approval of interst groups and thank tanks
Dual court system
State and federal
Federal
Whole country issues
State
State issues sometimes tried in both courts example. Rodney king case 1992
Marshall court
Martin v. Hunters lesse 1816
Warren court
Gideon v wainwrite
Writ of certiorari
Order by higher court to lower court to send case docs for review
Choosing cases
Law clerks and rule of four
Forma pauperis
Can lower cost if too overwhelming
Fee shifting
Defendant loses plaintiff can recover legal fees from him
Plaintiff
A person who brings case against another I’m a court of law
Standing
The requirement that plaintiffs have a serious interest Ina. Case
Original jurisdiction
Jurisdiction of the courts that hear a case first usually in trial