Pt 2: Chapter 14 Notes

Question 1

• Precedent
• Facts and application
• “Stories”

Answer 1

Common law

Question 2

• Facts = application

- Same facts = same application

Answer 2

Code law

Question 3

Our system is built on the side of who?

Answer 3

Defense

Question 4

These are put into place via different mechanisms that are put into place by the state

Answer 4

Judges

Question 5

Trial jury –> innocent or guilty, they hear the case

Answer 5

Petit jurors

Question 6

These decide if there is enough evidence to even warrant a trail

Answer 6

Grand jurors

Question 7

The SCOTUS has 2 kinds of jurisdiction which are?

Answer 7

• Original jurisdiction

- Appellate jurisdiction

Question 8

The authority to be the first court to hear a case.

Answer 8

Original jurisdiction

Question 9

The authority to review cases that have already been heard in lower courts and are appealed to a higher court by the losing party.

Answer 9

Appellate jurisdiction

Question 10

A request to the lower court to submit to the Supreme Court a record of the case.

Answer 10

Writ of certiorari

Question 11

Which kind of jurisdiction does the SC not do often? When it does do this whats it usually concerning?

Answer 11

Original jurisdiction

- Foreign diplomats and the cases where opposing parties are state governments

Question 12

This one is more common, appeals and how common law was applied by the lower court

Answer 12

Appellate jurisdiction

Question 13

When a majority of the justices agree on the legal basis of a decision, the result is a

Answer 13

majority opinion

Question 14

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

Answer 14

plurality opinion

Question 15

A separate view written by a justice who votes with the majority but disagrees with all or part of its reasoning

Answer 15

Concurring opinion

Question 16

A justice (or justices) on the losing side explains the reasons for disagreeing with the majority position

Answer 16

Dissenting opinion

Question 17

How many cases does the SC hear every year?

Answer 17

75-80 cases out of 10,000s, very selective

Question 18

How many SC justices have to vote on a case so the SC will hear it (grant it a writ of certiorai)

Answer 18

4 out of 9

Question 19

What is one of the most important SCOTUS powers?

Answer 19

Judicial review

Question 20

How often does judicial review get applied?

Answer 20

Not very often

Question 21

Over the last 80 years, how many of the most conservative judges ever are on the SC now?

Answer 21

4/5

Question 22

Which SC justices side with the left?

Answer 22

• Ginsburg
• Breyer
• Sotomayor
• Kagan

Question 23

Which SC justices lean to the right?

Answer 23

• Thomas
• Scalia
• Roberts
• Alito

Question 24

Which SC justice goes back and forth and is the deciding vote

Answer 24

Kennedy

Question 25

Do judges make law?

Answer 25

Yes. They don't enact but they make and review law. Their decisions are ones lower courts must follows

Question 26

What are other federal courts?

Answer 26

- US district courts - US courts of appeals - Special US courts

Question 27

That state courts?

Answer 27

- Political appointment - Elected judges - Merit- plan judges

Question 28

What are the most common form of state court judges?

Answer 28

Most common form

Question 29

Who do all of the lower courts answer to?

Answer 29

SCOTUS

Question 30

What courts does Congress regulate?

Answer 30

US court of appeals, US district courts, Special federal courts

Question 31

How many US district courts are there?

Answer 31

94 of them

Question 32

How many US district courts are there under the US court of appeals?

Answer 32

94

Question 33

Most appeals are heard by who?

Answer 33

A different panel of 3 judges

Question 34

The state system is set up like

Answer 34

In a way to parallel the federal system

Question 35

How many US court of appeals are there? How are they divided?

Answer 35

13 circuits --- 11: designed to oversee 94 district courts in regions 2: govern special cases

Question 36

Who nominates SC justices?

Answer 36

President nominates those with compatible political philosophy

Question 37

What happens after the president nominates a SC justice

Answer 37

Has to be confirmed by the Senate

Question 38

Nearly all recent appointees are from

Answer 38

Appellate courts

Question 39

Lower court nominees are selected by who but includes what tradition?

Answer 39

President typically selects members of the same party | - Senatorial courtesy

Question 40

What is Senatorial courtesy?

Answer 40

A tradition that holds that a senator from the state in which a vacancy has arisen should be consulted on the choice of a district court nominee if the senator can request that confirmation be denied.

Question 41

What are the personal backgrounds of judicial appointees?

Answer 41

Most are white men, but diversify has increased in recent years

Question 42

What are the legal influences on judicial decisions?

Answer 42

- the facts of the case | - three main sources of law

Question 43

What are the 3 main sources of law?

Answer 43

- The Constitution - Legislative statues - Legal precedents

Question 44

One of the major political influences on judicial decisions is what?

Answer 44

Judges' political beliefs. Justices vote in line with their political attitudes. Not all issues are clear-cut

Question 45

Does the court rely on public decisions?

Answer 45

Yes. The courts cannot move too far from public opinion

Question 46

What kind of influence can interest groups have on judicial decision making

Answer 46

The can file amicus curiae briefs to make their positions know on court cases and file lawsuits to advance their policy goals

Question 47

What is amicus curiae

Answer 47

"Friends of the court"

Question 48

What is stara decisis??

Answer 48

That which has been decided will stand. If the court has already filed a standing they will keep it

Question 49

What is the biggest opportunity to influence the courts with the president and Congress?

Answer 49

Judicial appointments

Question 50

How do elected officials have a way to influence the courts?

Answer 50

Congress can rewrite legislation that it feels the judiciary has misinterpreted

Question 51

Determine and preserve founders' intent

Answer 51

Originalism

Question 52

Adaptable to changing circumstances and challenges

Answer 52

Living constitution

Question 53

Is the SC a political body?

Answer 53

Yes. Complicated questions they're asked to resolve, political ideology affects how they address the questions

Question 54

This holds that the judges should abide by precedent and legislation

Answer 54

Judicial restraint

Question 55

This holds that the judges should interpret the Constitution and statues in light of established principles when elected officials fail to do so

Answer 55

Judicial activism

Question 56

Which idea is fairly new, originalism or living constitution

Answer 56

Originalism