Chapter 12 Flashcards
(20 cards)
The essence of the “rule of law”
“The state” and its officials must be judged by the same laws as the citizenry.
Court cases in the United States proceed under two broad categories of law:
Criminal and civil
Difference between civil court cases and criminal?
Civil is between individuals and criminal is between state and individuals
Most court cases are seen by what type of court?
State
Defendant who are convicted by a state court may appeal to what courts in what order?
First to a state court of appeals and then to the state’s supreme court
In the United States there are currently how many district courts exercising jurisdiction over federal cases?
94
The judicial districts are organized how?
11 regional circuits and the D.C. circuit
Circuit courts exercise what kind of jurisdiction over cases heard by the regional district courts?
Appellate (specifically reversing decisions)
What is original jurisdiction, and what can it be assigned by?
The authority to initially consider a case, geographically, constitutionally, or by congress
Key difference between federal and state courts?
Federal courts tend to be stricter
How many courts of appeals are there?
13
The only court established by the Constitution?
Supreme Court
Since 1869 there have been how many chief justices and how many associate justices?
One chief justice and eight associate justices.
Federal judges are appointed by who and confirmed by who?
the president
the Senate
The power of judicial review of acts of Congress by the Supreme Court, while not being explicitly in the Constitution was asserted in what important early case?
Marbury v. Madison (1803)
What are the categories of the specific rules developed that govern which cases jurisdictions courts will hear?
case or controversy, standing, and mootness.
Most cases reach the Supreme Court through what, is only to be granted when there are special and compelling reasons?
A writ of certiorari
How does the solicitor general can influence the Court?
By screening cases before they reach the Supreme Court
Submitting amicus briefs,
Shaping the arguments used before the Court
What two judicial revolutions have strengthened and expanded the role of the federal judiciary since World War II:
The first revolution was a substantive revolution in several policy areas (such as school transportation, abortion, rights, etc.)
Second expanded the power of the courts
In the original conception of the framers of the Constitution, the judiciary was to be the institution that would do what?
To protect individual liberty from the government
