chapter 6 Flashcards
learn (40 cards)
what are some modern considerations for federal judges nominations
race, ethnicity, and gender
who was John marshal
supreme court justice when judicial review was established
which supreme court case was the first to use judicial review
marbury v madison
what is criminal law
a category of law the covers any actions that harm the community
what is civil law
a category of law covering cases involving private disputes (accidents contracts and divorce)
how do state judges get their positions
it varies some are elected and some appointed by governor
what are federal district courts? how many are there? how many judges hear each case?
94 courts and 13 circuit courts.
1 hears each for district court
appeals court hears 3.
and supreme court hears 9.
roughly how many supreme court cases does supreme court hear each year
about 80
what is the rule of four
for supreme court is going to hear a case 4 judges have to say yes
what is precedent (stare decisis)
precedent is a ruling made by a court serves by the bases for a later case.
stare decisis means judges uphold previous decision
what are amicus curiae briefs
interest groups not directly involved in the case but they have an interest in it
what is majority opinion
what most judges voted for and this is the end result of a case
what is a concurring opinion
you agree with result but for a different reason
what is a dissenting opinion
you disagree with majority
what is judicial restraint
tend to believe justices should be hesitant to over turn laws or prior precedent
what is judicial activism
a believe judges loosely interoperate exciting laws and interject own values in court decision
how is the order determined that each justice on the supreme court presents discussion and votes
chief justice
then by seniority
who assigns the responsibility for writing the opinion in the supreme court
chief justice or more senior justice in majority
if a judicial nominee is rejected in recent times what is considered the most important factor
partisan politics
doers appellate jurisdiction different from original jurisdiction as far as the process
appellate jurisdiction decides if someone I guilty or innocent( if they followed appropriate process)
what levels of law can the judiciary branch rule unconstitutional
federal state and local
under which circumstances does the supreme court have original jurisdiction
any cases with representatives to foreign country ambassadors ministers public council or US is involved itself
describe state court system
every state has its own court systems and no 2 courts are exactly alike
what is the only requirement of district and ciricut court judges
you have to live in your district
