Emily's notes: The Judicial System Flashcards
(40 cards)
How are disputes settled?
In court
How many levels of court are there in the US?
Three levels
How many court systems are there?
There is a court system for every state and territory and for the District of Columbia
How many federal court systems are there? Why?
There is a federal court system with at least one federal court in each state because of the diversity of citizenship
What are Criminal suits?
- Arise from violation of some rule, ie., a violation of statutory law
- The government is a party to the suit
What are Civil Suits? What is a tort?
- Involve disputes that fall outside criminal law
- The government is not a party, but acts as a referee
- A civil wrong is a “tort”
What are the two types of court?
Trial court and appellate court.
What is a trial court?
Trial: courts of original jurisdiction
o Fact-finding courts
What is an appellate court?
- Appellate – courts of review
o Determine whether the law has been properly applied
When writing a lawsuit, the party bringing the actions name is first or second?
Party bringing action always comes first)
What is the path of a lawsuit?
- Commonwealth of Virginia v. Putney Pornographer
- Commonwealth v. Pornographer
- Pornographer v. Commonwealth
- Virginia v. Pornographer
What does jurisdiction mean?
An area over which a court has authority; the power and authority of a court to hear and determine a judicial proceeding; the area may be geographic or based on the subject matter of the case.
What happens if a court does not have jurisdiction?
It may not render a legal decision in the matter
What is diversity of citizenship action?
A civil action in which the parties are residents of different states; the U.S. Constitution allows federal district courts to hear such cases, even if the subject matter of the suit is one of state law, as long as the amount in controversy exceeds $75,000
What is a plaintiff?
The party who brings a lawsuit
What is a defendant?
The party against whom a lawsuit is brought
What is writ of certiorari?
First off, a writ is an order by a court requiring some action or giving authority and commission to that act. A writ of certiorari. A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certioari comes from Law Latin and means “to be more fully informed.” A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it. The U.S. Supreme Court uses certiorari to pick most of the cases that it hears.
Where do criminal cases go?
Circuit courts to court of appeals
Who currently sits on the Supreme Court of the United States?
- Sonia Sotomayor
- Stephen Breyer
- Clarence Thomas
- Antonio Scalia
- John Roberts
- Anthony Kennedy
- Ruth Bader Ginsburg
- Samuel Alito
- Elena Kagen
What is the first step in how does the Supreme Court work with new cases?
First, a writ of certiorari is filed.
What happens after the writ of certoirari is filed?
The judges vote on it. It’s the rule of 4: if four judges vote affirmative it is granted. If it fails to approve, a justice can dissent from denial of certiorari if he feels it needs to be granted
What happens after a writ of certoirari is granted?
- Oral arguments (30. Mins. Per side)
o Side bringing the case goes first
o “You should side in this manner because”
What happens after a oral arguments?
- Discussion at conference
o Refer to themselves as conference not the court except when they are on the stand
o Discuss each case they heard that week
o Each justice votes on the case
o Based on that discussion, author of the majority opinion is determined
Always chief justice, or if not in majority, senior associate justice who is in the majority
When the opinions are circulated to the justices, how do the justices tell each other whether or not they want to join the others opinion?
“Dear Chief, join me in the above case” add me to your opinion
o“Dear Chief, as I noted in conference, I dissent”
