Chapter 18 Outline Flashcards
Describe the basic role of the Judiciary in the government process.
to interpret the Constitution and limit the powers of the other branches of government; administer justice according to the law
Selection, Compensation, and Terms of Federal Judges
- the President nominates, and with the advice of Senate, shall appoint judges of Supreme Court
- judges of both supreme and inferior courts serve for until they resign, retire, or die in office (can only be removed by impeachment process)
- special court judges serve 15 year terms
- may retire at age 70, and if they have served for at least 10 years, receive a full salary for the rest of their lives
- may retire at full salary at age 65 after 15 years of service
- primary mission of federal judges is to hear and decide cases
Structure and Function of Court System
District Courts: handle 80% of federal workload
Appellate Courts: established as “gatekeepers” to relieve the Supreme Court from hearing appeals from district courts
The Court of International Trade: hears civil cases arising out of tariff and other trade-related laws
The Court of Appeals for the Federal Circuit: hears appeal cases from all across the country; has nationwide jurisdiction
How Cases Reach Supreme Court
- writ of certiorari
- certificate: lower court is not sure about the procedure or rule of law that should apply in a case
Jurisdiction
authority of a court to hear (to try to decide) a case
Exclusive Jurisdiction
can only be heard in federal courts; i.e. cases involving an ambassador or some other official of a foreign government, trial of a person charged with a federal crime, suit involving any other matter arising out of an act of Congress
District Court
federal trial court, the court of “first instance”
Appellate Court
a court hearing appeals from the decisions of lower courts
Supreme Court
is the only court specifically created by the Constitution; highest body in the judicial branch; composed of a chief justice and eight associate justices, all of whom are appointed by the president and confirmed by the Senate
Judicial Review
power to decide the constitutionality of an act of government; ultimate exercise of this power rests within the Supreme Court
Judicial Restraint
judges should always try to decide cases on the basis of the original intent of those who wrote the Constitution and based on precedent (ruling should be in line with previous decisions in similar cases)
Judicial Activism
law should be interpreted and applied in light of ongoing changes in conditions and values
Rule of Four
At least 4 of the 9 justices must agree that a case should be put on the court’s docket
Writ of Certiorari
order by the Court directing a lower court to send up the record in a given case for its review; when certiorari is denied, decision of loser court stands in that case (means that four or more justices could not agree to accept case for review)
Marbury v. Madison
In Marbury v. Madison (1803) the Supreme Court announced for the first time the principle that a court may declare an act of Congress void if it is inconsistent with the Constitution. William Marbury had been appointed a justice of the peace for the District of Columbia in the final hours of the Adams administration. When James Madison, Thomas Jefferson’s secretary of state, refused to deliver Marbury’s commission, Marbury, joined by three other similarly situated appointees, petitioned for a writ of mandamus compelling delivery of the commissions. This case formed the basis for judicial review in the court system.
