Flashcards in Pt 2: Chapter 14 Notes Deck (56)
- Facts and application
- Facts = application
- Same facts = same application
Our system is built on the side of who?
These are put into place via different mechanisms that are put into place by the state
Trial jury --> innocent or guilty, they hear the case
These decide if there is enough evidence to even warrant a trail
The SCOTUS has 2 kinds of jurisdiction which are?
- Original jurisdiction
- Appellate jurisdiction
The authority to be the first court to hear a case.
The authority to review cases that have already been heard in lower courts and are appealed to a higher court by the losing party.
A request to the lower court to submit to the Supreme Court a record of the case.
Writ of certiorari
Which kind of jurisdiction does the SC not do often? When it does do this whats it usually concerning?
- Foreign diplomats and the cases where opposing parties are state governments
This one is more common, appeals and how common law was applied by the lower court
When a majority of the justices agree on the legal basis of a decision, the result is a
Where there is no majority opinion although a majority of the justices agree on the decision, they disagree on the legal basis for it, they issue a
A separate view written by a justice who votes with the majority but disagrees with all or part of its reasoning
A justice (or justices) on the losing side explains the reasons for disagreeing with the majority position
How many cases does the SC hear every year?
75-80 cases out of 10,000s, very selective
How many SC justices have to vote on a case so the SC will hear it (grant it a writ of certiorai)
4 out of 9
What is one of the most important SCOTUS powers?
How often does judicial review get applied?
Not very often
Over the last 80 years, how many of the most conservative judges ever are on the SC now?
Which SC justices side with the left?
Which SC justices lean to the right?
Which SC justice goes back and forth and is the deciding vote
Do judges make law?
Yes. They don't enact but they make and review law. Their decisions are ones lower courts must follows
What are other federal courts?
- US district courts
- US courts of appeals
- Special US courts
That state courts?
- Political appointment
- Elected judges
- Merit- plan judges
What are the most common form of state court judges?
Most common form
Who do all of the lower courts answer to?