Ch.15: The federal courts

Question 1

the branch of law that regulates the conduct of individuals, defines crimes and specifies punishment for criminal acts:
Government is always the plaintiff
Defendant cannot be forced to testify
Standard: guilty beyond a reasonable doubt
Penalties: fines, public service, imprisonment, death

Answer 1

criminal law

Question 2

the individual or organization that brings the complaint in court

Answer 2

plaintiff

Question 3

the one against whom a complain is brought in a criminal or civil case

Answer 3

defendant

Question 4

the branch of law that deals with disputes that do not involve criminal penalties. loser cannot be fine or sent to prison. they are required to pay monetary damages for their actions. Most common types are contracts and torts
Plaintiff is the party that has been legally wronged
Defendant can be forced to testify
Standard: preponderance of evidence
Penalties: typically monetary

Answer 4

civil law

Question 5

prior case whose principles are used by judges as the basis for their decision in a present case

Answer 5

precedent

Question 6

literally “let the decision stand” ; the doctrine that a previous decision by a court applies as a precedent in similar cases until that decision is overruled

Answer 6

stare decisis

Question 7

the first court to hear a criminal or civil case.Facts of the case are introduced
Judges and juries make sense of how facts relate to law.
Trial cases take both law and precedent into account.

Answer 7

trial court

Question 8

a court that hears appeals of trial court decisions.
New facts cannot be introduced.
If new facts are available, the case goes back to a trial court.

Answer 8

court of appeals

Question 9

the highest court in a particular state or in the United States. This court is primarily serves an appellate function
The court of last resort
Has final interpretation over the Constitution and statutory law, be it state or federal
No state constitution can run contrary to the federal constitution
Recall, the Supreme Court is an appellate court
No new facts allowed

Answer 9

supreme court

Question 10

a negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state’s agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing

Answer 10

plea bargain

Question 11

Cases are heard in federal courts if they involve

Answer 11

federal laws, treaties with other nations, or the U.S constitution

Question 12

the authority to initially consider a case. Distinguished from appellate jurisdiction, which is the authority to hear appeals from lower court’s decision

Answer 12

original jurisdiction

Question 13

State cases can be appealed in the federal system if there has been

Answer 13

violation of the U.S constitution

Question 14

Nine justices of the supreme court

Answer 14

Chief justice and eight associate justices
System of equals, which functions on seniority basis
All judges have equal say, and each has one vote.
If chief justice sides with the majority opinion, he or she assigns the writing of the majority opinion.
If chief justice sides with the minority opinion, the most senior justice in the majority does.

Question 15

Senators from the president’s party suggest nominees for district courts in their state when an opening appears.
President chooses from the list, then the Senate confirms.
The confirmation process has become highly political in recent decades.

Answer 15

Senatorial courtesy

Question 16

the power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional.
The U.S. Constitution does not mention _______ ______.
Marbury v. Madison (1803)

Answer 16

judicial review

Question 17

make laws too broad, and the executive branch can subvert them; make them too narrow, and they cannot adapt over time.
The Court is hesitant to overturn executive branch decisions because Congress can do so.

Answer 17

Congresses dilemma

Question 18

body of law stemming from judges, not from statutes

Allows courts to function in the absence of lawmaking, just as executive orders do

Answer 18

common law

Question 19

a party must have standing to sue by being a stakeholder in the outcome.
______ gives the legal right to initiate a case.

Answer 19

standing

Question 20

a criterion used to dismiss cases that no longer require a resolution.

Answer 20

mootness

Question 21

SCOTUS is more likely to “grant cert” to cases where:
An important civil right or civil liberty is at stake.
Appellate courts have ruled differently on the same law, and it needs to be applied universally.
The federal government is filing the appeal or the Solicitor General request’s a_____ ___ _______

Answer 21

a writ of certiorari

Question 22

Some interest groups have long-term legal strategies

Answer 22

Bring test cases under the most favorable circumstances

Bring cases in specific circuits, expecting the appeals court to side a certain way

Question 23

Preparation

Answer 23

Both sides submit briefs, as do other interested parties.
The attorneys will also prepare extensively for the questions they may face.
By the time a case reaches the Supreme Court, the original attorneys may be replaced by more experienced attorneys.

Question 24

Oral argument

Answer 24

The Court meets three times per week when in session.
Each side gets a half hour, with many interruptions.
Sometimes, several different attorneys will address different aspects of the argument.

Question 25

The conference

Answer 25

Justices meet in private and hold an initial vote
Chief justice or most senior justice will assign a justice to write the majority opinion.
Usually the dissenting opinion is assigned as well.
Most opinions are written by the clerks under the supervision of the justice.

Question 26

plays an important role in Supreme Court decision

Answer 26

ideology

Question 27

Limitations in the court

Answer 27

“Standing” limits the ability of many to bring issues into the courts.
The Court is willing to protect classes, but hesitant to remedy with broad reparations.
The Court has no mechanism to force the other branches to obey.
Congress can limit access to the Court.