Judicary

Question 1

Qualifications

Answer 1

nominated by the president
confirmation by us senate

Question 2

Powers

Answer 2

Judicial review
holds that the courts are vested with the authority to determine the legitimacy of the acts of the executive and the legislative branches of government.

Overturn lower court, i.e. not abide by stare decisis

the legal principle of determining points in litigation according to precedent.

Question 3

Jurisdiction

Answer 3

the official power to make legal decisions and judgments

Question 4

Original court

Answer 4

Original jurisdiction means that the court has the right to hear the case first.

Question 5

appellate court

Answer 5

Appellate jurisdiction means that the court hears an appeal from a court of original jurisdiction

(especially of a court) concerned with or dealing with applications for decisions to be reversed.

Question 6

Fed. #78

Answer 6

has to do with judiciary review

Question 7

Judiciary Act of 1789, what did it do?

Answer 7

it gave structure to our current judicial system

Question 8

Marshall Court

Answer 8

(john marshall expanding the the power the supreme court)
Marshall Court
Early 1800’s
Expansion of SCOTUS power thru judicial review
Thus expands the power of the central govt, how?
Marbury, McCulloch, Gibbons

Question 9

marbury v Madison

Answer 9

created the doctrine of judicial review and set up the Supreme Court of the United States as the chief interpreter of the Constitution.

Question 10

writ of mandamus

Answer 10

to properly fulfill their official duties or correct an abuse of discretion..

Question 11

mcCulloch v Maryland

Answer 11

the Supreme Court ruled Congress can use constitutional power to build a national bank.
supremacy of federal law

Question 12

gibbons v ogden

Answer 12

Congress has the power to “regulate commerce” and that federal law takes precedence over state laws.

Question 13

Taney courts

Answer 13

Mid-1800’s
Dominated by Southerners, slave owners
Promoted?
-state rights and property rights
Dred Scott

Question 14

Dred scott case

Answer 14

-Dred Scott v. Sandford, 60 U.S. 393, was a landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, and thus they could not enjoy the rights and privileges the Constitution conferred upon American citizens

Question 15

1860 - early 1900s

Answer 15

Dealt with questions regarding regulation of economy
Progressive goals v. laissez-faire
Narrow interpretation of 14th and 15th Amd (Plessy)

Question 16

plessy court case

Answer 16

plessy v ferguson
plessy was 1/8th black
1896
could segregate if their equal

Plessy v. Ferguson was important because it essentially established the constitutionality of racial segregation.

Question 17

14th amedment

Answer 17

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Question 18

15th amedment

Answer 18

the United States Constitution prohibits the federal government and each state from denying or abridging a citizen’s right to vote “on account of race, color, or previous condition of servitude.”

Question 19

new deal era

Answer 19

• Dominated by aging conservatives
• Resist FDR’s New Deal legislation
• Court packing, “a switch in time that saved 9”

Question 20

Unconstitutional → NIRA, AAA…why?

Answer 20

agricultural adujusment act
National Industrial Recovery Act
it unduly burdened processors with taxes, money that was then used to fund the subsidies for farmers. The Court decided that this power should have been reserved for the states, via the Tenth Amendment.

Question 21

warren court

Answer 21

1953-1969
Warren appointed by Ike, big disappointment, why?
Precedents established reshaped the realm of personal liberties
Solidly liberal, much criticized by conservatives then and now
Brown, Miranda, Gideon, Mapp v Ohio

Question 22

mapp v Ohio

Answer 22

exclusionary rule - this case found that the exclusionary rule, which prohibits prosecutors from using evidence acquired illegally in violation of the Fourth Amendment, applies to both federal and state governments

Question 23

burger court

Answer 23

1969-1986
Appointed by Nixon
More conservative than Warren, no fundamental reversals though
Precedents are mixed
Roe, Weber, US v. Nixon

Question 24

Rehnquist court

Answer 24

1986-2006
Appointed by Reagan
Conservative court
No monumental reversals
Incremental restrictions (abortion)
Many pro-state decisions

Question 25

Roberts court

Answer 25

2006-present Appointed by Bush2 Conservative Handling less cases Wedge topics leading to more 5-4 decisions Heller v. DC, 2006 (gun), Citizens United v. FEC, Affordable Care Act (King V. Burwell, 2015), marriage equality (Obergefell v. Hodges, 2015)

Question 26

Article 3 Courts

Answer 26

3 tiers: district courts, court of appeals, and SCOTUS

Question 27

District courts

Answer 27

Original jurisdiction 94 districts, 93 federal prosecutors, 650 judges at least 1 per state hear cases where: federal govt is a party federal question constitutional question federal statute

Question 28

courts appeals

Answer 28

appellate jurisdiction 12 reg. courts, 200 judges Fed. Circuit Court (13th court) (1982) (patents, trademarks, US govt. is a party)(national jurisdiction) hear all manner of appeals usually tribunal, rarely en banc often rely on stare decisis only apply to that geographic region (9th circuit, Pledge)

Question 29

SCOTUS: supreme court o the United States

Answer 29

9 members (1 CJ, 8 AJ) most usually appellate sit en banc - means on the bench final arbiter - someone who has the power and responsibility to make judgments and decisions that cannot be changed by anyone else: small staff, 400 or so CJ presides over public sessions, conducts private conferences, assigns opinion writing, oath of office

Question 30

who are the members of SCOTUS(include ideology who they where appointed by)

Answer 30

john roberts cheif justice, appointed by George W. Bush jr, moderate conservative , 2nd olesst Clarence Thomas associate justice, appointed by George W. Bush, conservative , oldest member Samuel A. Alito, Jr., Associate Justice, nominated by George W. Bush, conservative Sonia Sotomayor, Associate Justice, nomitnated by Barack Obama liberal Elena Kagan, Associate Justice, nominated by barack obama, liberal Neil M. Gorsuch, Associate Justice, nominated by Donald J. trump, conservative Brett M. Kavanaugh, Associate Justice, nominated Donald J. trump, conservative Amy Coney Barrett, Associate Justice, nominated by Donald J. trump, conservative Ketanji Brown Jackson, Associate Justice, more moderate, Joeseph R. Biden

Question 31

Article 1 Courts

Answer 31

Aka legislative courts Created thru constitutional powers provided to the Congress Specialized tasks (tax, military appeals) Judges have fixed terms

Question 32

judical review

Answer 32

holds that the courts are vested with the authority to determine the legitimacy of the acts of the executive and the legislative branches of government.

Question 33

original intent

Answer 33

judicial discretion What should guide decision-making? act according to the dictates of their own judgment and conscience within general legal principles. Loose v. strict

Question 34

What is judicial restraint?

Answer 34

the concept of a judge not injecting his or her own preferences into legal proceedings and rulings.

Question 35

What is judicial activism?

Answer 35

the practice of judges making rulings based on their policy views rather than their honest interpretation of the current law.

Question 36

Pro’s/Con’s of judicial activism?

Answer 36

pros It creates an equilibrium in different government departments. It enhances people’s faith in the judiciary Where the law fails to meet the expectations, judicial activism comes into play. Judicial activism helps judicial mechanisms to prevent haste misuse of power by the state machinery. Aids in speedy justice. cons The judgements delivered via judicial activism mode set a basic rule for other judgements. Recurring review of judgements can result in a loss of faith in the judiciary. State and Central machinery functioning become limited with judicial activism. Statutory and legislative laws are violated. Decisions or orders can be influenced for personal gains.

Question 37

Getting on the Bench

Answer 37

Nomination - by the president Lower Federal Courts general procedure senatorial courtesy SCOTUS

Question 38

factors affecting nomanation

Answer 38

experience age ideology/more moderate race and gender

Question 39

confrimation proccess

Answer 39

FBI vetting ABA vetting Senate Judiciary Committee

Question 40

Recent appointments?

Answer 40

Carter Reagan Bush1 Clinton Bush2 Obama Trump

Question 41

How/Which cases get to SCOTUS?

Answer 41

Approx. 7500 cases submitted per term SCOTUS controls docket, less than 100 2 most common routes of appeal: Writ of certiorari, aka a cert all cert’s must meet 2 req. In forma pauperis conference, once per week, discuss list rule of 4 case selection previewed by clerks (lawyers straight from college)

Question 42

what is rule 4?

Answer 42

4 members of the court what to hear the case then they can hear that case. majority rule.

Question 43

How does a case survive the process?

Answer 43

Solicitor General, 10th Justice The Solicitor General determines the cases in which Supreme Court review will be sought by the government and the positions the government will take before the Court. the represent the 10th: because they become a justice eventually not usually asking the court of all manners of cases. when they bring in the cases the court takes. The courts respect the cases the solicitor general gives. changes president to president Amicus curiae briefs friend of the court breif, legal argument who asks for a Amicu curiae brief - people who think that it'll directly impact them the more it affects people the more likely they are to hear that case standing that you've been negatively impacted by the law

Question 44

SCOTUS

Answer 44

Accept case, parties file briefs, invite amicus briefs Date selected for oral arguments Oral arguments occur, 30 min per side, questioned by justices Justices will conference, CJ presides, speak in order of seniority, tentative vote taken CJ directs opinion writing, many drafts, can hinge on few words Types of decisions Majority Concurring Dissenting - minority opinion Per Curium decisions made public, June/July, binding in all 50 states and US territories

Question 45

Factors affecting how justices vote?

Answer 45

Judicial philosophy, restraint v. activism Precedent - so they dont damage the credibly of the court Behavioral traits Ideology Strategy Public opinion

Question 46

Checks on Judicial Power

Answer 46

Decisions can be ignored/resisted Lack enforcement powers - rely on other branch to enforce their will Confirmation Impeachment New laws New amendments Altering jurisdiction - can cannot handle, we have broad jurisdiction but you can alter it bay making it larger or narrower Public opinion