Judiciary Flashcards
(21 cards)
divided into 11 regions (circuits). Lower court cases selected for review by the S.C. decisions made by appeal are final.
Multi-judge, usually three judge panels but could be more
US Court of Appeals
94 districts
at least one in every state (PA has 3), D.C., and Puerto Rico
very similar to state trial courts
District Courts
Responsible for interpreting the law
Judiciary
To review ALL Actions of Government
Power of Judicial Review
What is needed to define number of justices on the Supreme Court as well as lower courts?
Act of Congress
Lifetime appointments
Pay cannot be reduced
Constitutional Protections
Why lifetime appointments?
To be legally accurate, protect and insulate supreme courts to create separation of powers,
Not be influenced by the executive branch.
What gives Federal Courts their power?
Article 3 of Const and 11th amendment
US Laws
Interpretation of the constitution
Admiralty or maritime laws
All cases involving citizens of different states
Ambassadors and representatives of foreign nations
Disputes between two or more state governments
Cases where the US government is a party
Jurisdiction of the Federal Courts
Power to make policy (establish precedent)
The court changing its mind
Degree to which they get involved with a matter determined by other branches
Remedies to correct past court decisions
Powers of the Judicial branch
The Senate Judiciary Committee holds a hearing at which witnesses are heard and deliberations take place behind closed doors
The Committee then makes recommendations to the full Senate
The Senate debates the nomination and takes a vote
How a justice is confirmed
Party affiliations and personal loyalties
Political ideology
Judicial experience
Race and Gender
Litmus test
Acceptability to the Senate
Senatorial Courtesy
How a Justice is chosen
Test of ideological purity, a way of finding out whether a person is a liberal or conservative or what his/her views are on controversial issues
Litmus Test
Two main issues:
Life tenure
Judicial review
Federalist 78
If 4 justices agree to hear a case, cert is issued and the case is scheduled for a hearing
Writ of Certiorari/ Rule of Four
S.C. gets to pick the cases it wishes to hear
Getting to Court
Two or more courts decide the same issue in different ways
The highest state court held that federal or state law is in violation of the Constitution
Court will usually grant Cert if…
Document that sets forward the facts of the case, summarizes lower court decision, provides the arguments and discusses other cases relevant that the Court has already heard
Briefs
Usually summarizes their brief or emphasizes essential points
Strictly limited in time
Justices are allowed to interrupt and ask questions
Oral Argument
“friend of the court”
interested party making an oral argument or brief
before they can be filed, both parties must agree or the Court must grant permission
polite lobbying of the court
Amicus Curiae
Power to declare acts of Congress, actions by the executive branch, or laws and actions at any level of local, state and federal government unconstitutional
Judicial Review
