Studying Unit 8 Flashcards

(60 cards)

1
Q

number of judges at the circuit level

A

three

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2
Q

who can change the size of the supreme court

A

congress

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3
Q

can federal judges be impeached

A

yes

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4
Q

what federal court system did the articles of confederation set up

A

none

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5
Q

what is unique about the 13th circuit

A

there is no geographic distinction

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6
Q

original number of justices by the constitution

A

unspecified

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7
Q

what is pittsburgh’s circuit number

A

3

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8
Q

article 3 set up what federal court system

A

only the supreme court

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9
Q

what case deals with the 6th amendment

A

gideon v wainwright

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10
Q

what courts deal with factual issues

A

district

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11
Q

what established that the constitution was the supreme law of the land

A

supremacy clause

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12
Q

senatorial courtesy

A

if the senators from a judges’ state object their appointment, likely the president will not appoint them

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13
Q

hamiltons arguments for a strong judiciary

A

must check the executive branch and prevent the legislative branch from becoming tyrannical, judicial review is very important

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14
Q

why does hamilton say the judicial branch is the weakest

A

it has no power over the military or national finances, relies on the other branches to enforce its rulings

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15
Q

why does hamilton say justices should serve for life

A

it enables them to be impartial because they dont have to worry about pleasing others for reelection

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16
Q

what does equal justice under law mean

A

everyone must be treated equally under the law no matter waht

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17
Q

what is the primary job of the federal court system

A

to use the law to settle legal disputes and use evidence to decide who is guilty and innocent

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18
Q

history of the federal court system

A

constitution established the judicial branch with the supreme court in 1789, congress created an act that created district courts later that year, in 1891 congress created an act that created the circuit courts

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19
Q

when do federal courts have original jurisdiction 8

A

constitutional issues, federal laws, state disputes, different state citizens dispute, dispute with federal government, involve foreign countries, maritime laws, US diplomats

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20
Q

other officials in federal court system

A

magistrates, US attorneys, US marshals

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21
Q

magistrates role

A

issue search and arrest warrants, decide whether there is enough evidence for a trial, determine whether bail is allowed and for how much

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22
Q

US attorneys role

A

prosecute people accused of breaking federal law, argue on the governments behalf when involved in a case

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23
Q

US marshals role

A

make arrests, collect fines, take those convicted to prison, protect jurors, notify people who must go to court (serving subpoenas), keep court order

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24
Q

why are the supreme court positions so hotly contested

A

they serve for life, have high national influence

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25
limits on the supreme court
legislative branch can impeach them, cannot enforce their own rulings, limited jurisdiction, can be ignored, not into politics, can only hear cases that go to it, congress can work around it by passing and changing laws and amending the constitution
26
reasons why justices rule in certain ways
their interpretation of the law, judicial philosophy, personal belief, what is going on in the world
27
difference between judicial philosophy and political ideology
deal with how one views hte law vs political and morality views
28
marbury v madison
dispute over presidential appointments and delivery of presidential papers, known as most important US court case becuase it firmly established judicial review
29
mcCulloch v maryland
dispute whether a state can tax a federal institution, caused a reaffirmation of the supremacy and elastic clause, granting congress the inexplicitely stated powers
30
planned parenthood v casey
upheld roe v wade, states can slightly regualte abortion but cannot put undue obstacles in the way of a woman seeking abortion
31
plessy v ferguson
a man was kicked off a segragated bus due to his race, argued the 14th amendments equal protection clause, concluded that segregation was allowed if things were separate but equal which led to jim crow laws
32
brown v board of education
argued the equal protection clause, separate but equal deemed as unconstitutional and schools must desegregate with all deliberate speed
33
roe v wade
state tried to prevent abortion to a woman, argued the 4, 9, 14 amendments and precedent to establish that states cannot prevent the right to an abortion and a nationwide ban with limits was in place
34
gideon v wainwright
main was jailed for violating state law but he could not afford a laywer for his trial and the state said he had to represent himself, violated the 6th amendment
35
miranda v arizona
man arrested for kidnap, robbery, rape and he admitted his crime but his legal team said that he was not informed of his rights prior, which violated his 5th amendment rights, and created the miranda rights
36
new jersey v tlo
female student challenged whether school had the authority to search belongings, they have authority within certain parameters as long as reasonable suspicion established
37
us v nixon
questioned presidential authority, nixon said he had the right under executive privilege to keep incriminating recordings secret from a watergate scandal, and since this did not affect national security or american lives, they ruled against him
38
korematsu v us
fdr imprisoned all those with japanese descent on the west coast into internment camps after pearl harbor, challenged 5th amendment rights, ruled that it was not racist but a legitamate expression of wartime powers, many think this was a big mistake case because it did not protect all fairly
39
everyone accused has
innocent until proven guilty, public trial, lawyer, jury trial, access to appeal decisions, viewed equally under the law
40
judiciary act
establishes district courts
41
why do we use circuit courts
judges used to travel city to city to hear appeals and now we go to judges
42
what does each state have
its own lawyers and courts
43
where are state court powers derived from
state constitutions
44
when will dispute between citizens of different states go to federal courts
if it involves more than$75,000
45
what do US diplomats have to do to appear in federal court trial
live abroad and break US law
46
how many district courts are there
94
47
what must happen in an appeals court if new evidence is found
it must go back to the district courts to discuss its validity
48
how many regional circuit courts
12
49
what does the additional circuit court do
considers non regional appeals
50
3 outcomes of court of appeals
uphold original verdict, reverse decision, remand for further consideration
51
whose decisions must district courts follow
their court of appeals
52
term length of US attorney
4 years
53
what is under US attorneys
office of assistant US attorneys
54
what are supreme court vacancies due to
death, resignation, removal (hasnt occured)
55
first african american justice
thurgood marshal
56
first femal justice
sandra day o'connor
57
first hispanic justice
sonia sotomayor
58
first female african american justice
kentanji brown jackson
59
caseload
number of cases handled in a given period
60
steps in decision making at supreme court
written argument, oral argument, conference, opinon writing, announcement