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chapter 18 Flashcards

1
Q

Called for courts first

A

Alexander Hamilton

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2
Q

the Two separate court systems

A

Federal and State

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3
Q

Who creates rest of court system?

A

Congress

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4
Q

only court established by Constitution

A

Supreme Court

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5
Q

lower federal courts beneath supreme court

A

Inferior Courts

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6
Q

Two distinct types of federal courts

A

Constitutional and Special Courts

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7
Q

created by article 3, also called regular courts and hear most cases

A

constitutional

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8
Q

Hear narrow range of cases before constitutional courts
legislative courts
article 1 courts

A

Special Courts

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9
Q

defined as the authority of a court to hear a case, to say the law

A

jurisdiction

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10
Q

When can federal courts hear a case (according to what)

A

Subject matter and parties involved

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11
Q

two subject matter questions

A

admiralty and maritime laws

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12
Q

matters that arise on the high seas or naval waters collisions or fights/crime on sea

A

Admiralty law

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13
Q

maters that arise on land but are directly related to water

A

maritime laws

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14
Q

Parties in court case of federal

A
  1. ) US or agency of US
  2. ) An ambassador, consul or rep of foreign gov
  3. ) 1 of the states sues another
  4. ) Citizen of one state suing foreign gov
  5. ) American citizen suing foreign gov
  6. ) A citizen of state of the same states sues for grants to land
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15
Q

courts sharing power to hear case

A

concurrent jurisdiction

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16
Q

person who files the suit

A

plantiff

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17
Q

the person the compliant is made against

A

defendant

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18
Q

only in federal court

A

exclusive

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19
Q

court hears the case in first instance

A

original jurisdiction

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20
Q

a court that hears a case on appeal from lower court

A

appellate jurisdiction

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21
Q

what do appellate courts do?

A

make sure the trial was in accord with the law

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22
Q

who nominates Supreme court?

A

President, senate approves

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23
Q

Who assists the president with assigning judges to SC?

A

Attorney General

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24
Q

How many SC justices were women?

A

4

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25
concepts of judicial restraint and judicial activism
judicial philosophy
26
Who shape public policy
Judges
27
what is judicial restraint based off
Original intent of the framers and precedent
28
a judicial decisions that serves as a guide for settling later cases of similar nature
precedent
29
a judicial philosophy in which supporters believe that judges should interpret and apply provisions in the constitution and in state law in the light of on going charges in conditions and values
Judicial activism
30
How long are constitutional judges in office?
Life
31
How many constitutional judges impeached?
15
32
SC terms
4 years
33
Special court terms
8-15
34
federal trial courts
district courts
35
how many judges in district courts
667
36
how many cases do district courts handle?
about 300,000/year, or 80% of federal cases
37
how many district courts
94
38
what created district courts
judiciary act of 1789
39
how many judicial federal districts
89
40
when can cases be heard by three judge panel
involve congressional distracting or state legislative apportionment questions
41
play a key role in on going efforts to combat terrorism in country and abroad
two multi judge panels
42
Two multi judge panels
1. ) Foreign Intelligence Surveillance Court "FISA" | 2. ) Alien Terrorist Removal Court
43
what courts have first instance
district courts
44
Only federal cases that don't fall in Districts
Sup Court and Court of International Trade
45
one which a defendant is tried for committing some action that congress declares federal crime
criminal case
46
involves noncriminal matter like discipline over contract terms
civil case
47
who is prosecutor in federal criminal case
US
48
gatekeepers to relieve supreme court of much of the burden of hearing appeals form the decisions of district courts
court of appeals
49
how many years behind on appeals
3
50
list of cases to be heard
docket
51
how many court of appeals
13
52
how many judicial circuits
12
53
court that focuses on patent, copyright, and trademark issues along with international cases
court of appeals for federal circuit
54
how does court of appeals sit
in three judge panel
55
with all of the judges participating
en bance
56
which court has nationwide jurisdiction and why?
Court of appeals for federal circuit to speed up appealing process
57
transcript of preceeding made in by trial court ponder the oral and written arguments
record
58
created by art 3; tries all civil or trade laws; panels of three
court of international trade
59
how many judges in international trade court
9 judges
60
how many judges in supreme court
chief justice and 8 associates
61
when is SC highest authority
matters of 1. ) Constitution 2. ) Any act of Congress 3. ) Any Treaty
62
SC looks to Constitution rule or evaluate the situation to see if it is their problem
judicial review
63
Court case where John Adams and Thomas Jefferson had disagreement on Adam's presidential appointment and his justices
Marbury v Madison
64
Effects of Marbury v Madison
1. ) Constitution is Law of LAnd | 2. ) Judges of SC sworn to enforce the Constitution and must refuse any gov action they find to be in conflict
65
what kind of Jurisdiction does SC have?
both original and appellate
66
how does SC hear a case?
rule of four: 4 of 9 judges vote
67
how do case reach SC? mostly
writ of certiorari
68
order of SC directly having lower courts to send up court from case for review
writ of certiorari
69
to reach SC; method used when a lower court is not certain about procedure or rule of law; unsure how to rile
Certificate
70
when doe SC sit in session
from 1st Monday of OCT. til early summer
71
two week cycles where SC hears for 2 weeks then discusses for two weeks
Oral Arguments
72
Lawyer speaks for 30 mins; highlights evidence and points write 30 minute speech run to 100 pages
brief
73
justices meet in secrecy to discuss the cases for which they have heard oral arguments and read briefs
conference
74
when do SC meet in conference
Wed and Fri
75
who presides ver conference
chief justice; discusses how they will vote
76
5 of 9 judges agree
majority opinion
77
associate justices disagreee and why the decision is wrong | doesn't change outcome
dissenting opinion
78
handles cases involving expressed powers of congress, hears specific scams
special courts
79
how can someone sue the US
by expressed consent ; or if congress says its suitable
80
who deals with US suing?
Court of Federal Claims 16 judges 15 year term
81
Courts located in US territories | act like US courts
Territory courts
82
Made up of civilian tribunal | chief justice and 4 associates deals with military
Court of appeals of the armed forces
83
tries enemy soldiers and terrorists
Military commission
84
in 2003 what did bush try to do
create Guantanamo bay commission
85
hears civil cases, independent body, 19 judges to 15 year terms, not part of judicial system
Tax Court

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