judicial outline

Question 1

during the articles of confederation was there a judicial system

Answer 1

no

Question 2

how did laws in states work (during articles of confederation)

Answer 2

states had their own laws

Question 3

how did state disputes work (during articles of confederation)

Answer 3

states courts handled them

Question 4

who made a change to the court system and was did he/she do (during articles of confederation)

Answer 4

Alexander Hamilton made an argument that a national court system was needed

Question 5

what did the constitution allow (during articles of confederation)

Answer 5

the development of a national (Federal) Court

Question 6

because of the Federal Court System how many separate court systems are there in the US

Answer 6

2

Question 7

what remains the same about states and courts

Answer 7

states sill have their own courts and laws

Question 8

How many types of federal court are there

Answer 8

2

Question 9

what does the constitution say about federal courts and jurisdiction

Answer 9

it allows Federal Courts only certain jurisdiction

Question 10

what is subject matter

Answer 10

does the case involve a federal question

Question 11

when can cases only be heard in federal Court

Answer 11

if you violate a federal law, exclusive jurisdiction

Question 12

which jurisdiction usually involves a dispute between two people or businesses from different states

Answer 12

concurrent jurisdiction

Question 13

which courts dont retry cases and they just make sure the trial court has applied all the laws correctly

Answer 13

appellate court

Question 14

district courts have what type of jurisdiction

Answer 14

original jurisdiction

Question 15

court of appeals has what type of jurisdiction

Answer 15

appellate jurisdiction

Question 16

what are the requirement to be a Federal Judge

Answer 16

no real requirements

Question 17

who help in selecting the Federal judges

Answer 17

The Presidents closest aides, especially the Attorney General

Question 18

what try to influence the Presidents pick of a federal judge

Answer 18

Interest Groups

Question 19

where do Federal Judges often come from

Answer 19

state courts, are leading attorneys, legal scholars, or law school professors

Question 20

How long do Federal Judges serve for

Answer 20

life

Question 21

How does the president pick a Federal Judge

Answer 21

usually based of of their political party

Question 22

what happens when judges go to the senate

Answer 22

they are always asked their views about previous cases and how they interpret law

Question 23

what party usually believes in Judicial Restraint

Answer 23

republicans

Question 24

what party usually believes in judicial activism

Answer 24

democrats

Question 25

in the 50 states how many Federal judicial districts are there

Answer 25

89

Question 26

how many judges does each district have

Answer 26

at least 2

Question 27

who are cases in district court heard by

Answer 27

usually a single judge but sometimes a panel of 3 judges

Question 28

what does FISA stand for

Answer 28

foreign intelligence surveillance Court

Question 29

how do FISA courts meet

Answer 29

in secret

Question 30

what type of things do FISA courts handel

Answer 30

search warrants against suspected terrorists and wiretapping

Question 31

what type of cases doe district court hear

Answer 31

criminal or civil

Question 32

how do the decisions of federal court work

Answer 32

most of them are final

Question 33

what happens if there is a appeal in a case

Answer 33

it goes to the papellate court

Question 34

who made the court of appeals

Answer 34

congress

Question 35

why were the court of appeals made

Answer 35

to keep the Supreme court from getting too many cases

Question 36

how many federal courts of appeal are there

Answer 36

13

Question 37

what do appellate courts do

Answer 37

read the transcript of the trial and then consider written and oral arguments made by the attorneys

Question 38

how many appellate court decisions make the US Supreme court

Answer 38

less than 1%

Question 39

who conducts judicial review of laws in the US

Answer 39

the Supreme Court and inferior courts

Question 40

what was Marbury v Madison

Answer 40

a landmark US Supreme Court Case in 1803

Question 41

what did the federalists try to do when they lost the 1800 election (Marbury v Madison)

Answer 41

pack the judicial branch with federalist judges (with the hope of keeping their influence)

Question 42

Whose was appointed the justice of peace (Marbury v Madison)

Answer 42

William Marbury

Question 43

Which president forgot to sign the proper documents (Marbury v Madison)

Answer 43

Adams

Question 44

Which president denied Marbury his position (Marbury v Madison)

Answer 44

Jefferson

Question 45

What did Marbury base his lawsuits on

Answer 45

judiciary act of 1789

Question 46

what was the ruling of the Marbury case

Answer 46

Marbury could be denied his job and that parts of the judiciary act were not consistent to the constitution

Question 47

why was Marbury v Madison such a big deal

Answer 47

the USSC will now decide if an act of congress is unconstitutional which means many of the most important laws that congress passes usually end up at the Supreme Court

Question 48

What types of jurisdiction does the SC have

Answer 48

original and appellate

Question 49

where do most of the cases come from when they go to the SC

Answer 49

appellate court

Question 50

what happens to most of the cases that are appealed to the USSC

Answer 50

they are denied

Question 51

how many cases are usually appealed and how many are actually heard

Answer 51

8,000 appealed but only a few hundred are even heard

Question 52

why would a decision be made quickly

Answer 52

the majority of justices agree with a lower court ruling

Question 53

how does a Writ of Centiorari get issued

Answer 53

someone has to ask the SC to issue one

Question 54

When is a Writ of Centiorari usually issued

Answer 54

when the constitutionality of a law is questioned

Question 55

what happens if a Writ of Centiorari is denied

Answer 55

then the decision of the lower court will stand

Question 56

what is another way that a case can reach supreme court

Answer 56

a certificate

Question 57

when does a certificate happen

Answer 57

when a lower court is not sure about the procedure of law or if a certain rule of law should apply to a particular case (lower court asks the SC to certify the answer to the question)

Question 58

how long does a supreme court session last

Answer 58

early october to the end of june

Question 59

when do SC justices generally meet on cases

Answer 59

2 week cycles that last until May

Question 60

how many days a week do Sc justices meet

Answer 60

3

Question 61

how long does a lawyer get to give an oral argument

Answer 61

maximum of 30 minutes

Question 62

how does the justices and lawyers work in the SC

Answer 62

they can have questions and answers

Question 63

what happens before the oral argument in SC

Answer 63

each side must give a brief (written statement)

Question 64

what is a brief supposed to do

Answer 64

outline the facts of the case and legal beliefs of the case

Question 65

what can also be filed in SC

Answer 65

Amicus Curiae brief

Question 66

who can file an Amicus Curiae Brief

Answer 66

persons or groups who are not actual parties in the case but have an interest in the outcome

Question 67

Does the SC see an amicus curiae brief

Answer 67

not unless they ask for it

Question 68

what does the Solicitor General do in SC

Answer 68

asks the justices to take certain cases

Question 69

Who appoints the Solicitor General

Answer 69

the pres

Question 70

what is the Solicitor Generals job

Answer 70

to act as a bridge between the president and the SC

Question 71

How often do the SC Justices meet

Answer 71

every friday

Question 72

what do the SC justices do at their friday meetings

Answer 72

discuss the oral arguments they heard that week and decide what future cases they will hear

Question 73

who attends the SC meetings on fridays

Answer 73

the Chief justices and the 8 other justices

Question 74

Who leads the SC discussion and gives their opinion when deciding a case

Answer 74

the Chief Justice

Question 75

what happens after the chief justice gives their opinion

Answer 75

the other justices give their opinions (seniority)

Question 76

how is a SC case decided

Answer 76

majority

Question 77

how much of cases are decided unanimously

Answer 77

1/3

Question 78

how does the SC announce its decision

Answer 78

announce it and give written opinions, announce the margin (5-4), if it was unanimous then the chief justice usually writes the opinion for the court