Midterm Review Flashcards
Explain the concept of precedents and the role of precedents in the American legal system
A president or authority is a principal or role established in the previous legal case that judges follow hearing new cases with similar issues or facts.
cases have set precedence for major issues so that it is challenging to overturn cases, must have to prove and write why it should be overturned.
Precedence creates predictability and stability because it is based on what already has happened
Explain the factors that influence judicial decision-making
- Democratic subculture: background, value and norms of the community you live in. Who the judges are outside the courts;
- Example: Scary Mary has a soft spot for young polish boys because of her nephew, not sympathetic about drug abuse.
- Legal subculture: Starts at law school, doctrines of access, also legal theory;
- What they learned in Law school, analysis of language and precedence
- Originalism: interpret the constitution the way it was written
- Interpretivism: constitution does not have one fixed meaning
- Hierarchical jurisdiction:
- Trial courts only have one person making decision, therefore their decision can be easily overturned.
- Appellate courts have a panel of judges so they must come to a common consensus
- Precedence:
- Previous cases have already been decided on therefore they can’t the way they want to. Have to abide by laws already set.
Explain the concept of jurisdiction
Jurisdiction refers to the rights or authority by which a specific court is able to charge a case
Explain types of jurisdiction
Personal- requires that the case be tried in an area where the defendant either resides or has some ties
Geographical: going to the court where your issue occurred
Hierarchical: going from district courts to circuit courts then to the supreme court
Diversity: cases below 75,000 in state courts
Exclusive: cases above 75,000 have the right to hear the case
Concurrent: federal and state courts could both review a case
Subject Matter: examples include bankruptcy and specialized courts.
Concept of judicial review
The power of courts of law to review the actions of the executive and legislative branches is judicial review. It is a power possessed by most federal and state courts to check and balance.
Positive and negative aspects of how judges in state courts get their jobs
Negative, 80% of the states elect judges which means her decisions have to look good to the public
Negative, it takes campaigning and networking to become a state judge
Positive- judges run on terms so they can be replaced
Positive and negative aspects of how federal judges get their jobs
President nominates and Senate confirms
Positive, these people are top achieving usually older lawyers with clean backgrounds
Positive- no accountability to voters
Negative- have to brand yourself and get allies to get to the top
Explain how decisions by the courts are implemented
When a new precedent is passed lower courts, state courts, supreme courts, political actors, and the executive branch have ways to help implementation of law.
It comes down to a network of connections that help the process along
True or false
To be a nominee for a federal district court judge you do not need to live in the state
False
How many judges are there on the US District Court’s?
677
The US Supreme Court is primarily an appellate court but it’s sits as a trial court in these two situations
1 ambassador situations
2 state v state
Court of Appeals
- 13 appellate courts that sit below the US Supreme Court
- 94 federal judicial districts
- organized into 12 regional circuits
- work in panels
- organized regionally
US District Court’s
- 94 district or trial courts
- Are appellate courts
- trial courts include the district judge who tries the case and jury that decides the case
What do you go to federal court for?
Ambassador situations, shipping problems, case against the United States, state versus state, case versus a foreign country
You can only go to federal court if
It is a real case with controversy, it arises under constitutional laws and treaties, there is exclusive jurisdiction
Writ of certiorari
orders a lower court to deliver its record in a case so that the higher court may review it
Amicus briefs
Friends of the court trying to convince them not to here or to hear a case
Brief of petitioner
Legal problem that needs to be resolved, a written document bringing the case
Amicus curiae
People weighing in on the opinion of a case
Appellate jurisdiction
The authority to review a lower courts procedures, decisions, actions to determine if an error has been made, but not the authority to retry the case
Original jurisdiction
First Court to hear case and first outcome
How many judges are there in the US District Courts , and how many districts
677 judges, 97 districts
How many judges are there in the US Court of Appeals and how many regions?
179 judges, 13 regional
How many judges are there in the US Supreme Court and how many of these courts are there nationally?
Nine judges, one national court
