Studying Unit 8 Flashcards
(60 cards)
number of judges at the circuit level
three
who can change the size of the supreme court
congress
can federal judges be impeached
yes
what federal court system did the articles of confederation set up
none
what is unique about the 13th circuit
there is no geographic distinction
original number of justices by the constitution
unspecified
what is pittsburgh’s circuit number
3
article 3 set up what federal court system
only the supreme court
what case deals with the 6th amendment
gideon v wainwright
what courts deal with factual issues
district
what established that the constitution was the supreme law of the land
supremacy clause
senatorial courtesy
if the senators from a judges’ state object their appointment, likely the president will not appoint them
hamiltons arguments for a strong judiciary
must check the executive branch and prevent the legislative branch from becoming tyrannical, judicial review is very important
why does hamilton say the judicial branch is the weakest
it has no power over the military or national finances, relies on the other branches to enforce its rulings
why does hamilton say justices should serve for life
it enables them to be impartial because they dont have to worry about pleasing others for reelection
what does equal justice under law mean
everyone must be treated equally under the law no matter waht
what is the primary job of the federal court system
to use the law to settle legal disputes and use evidence to decide who is guilty and innocent
history of the federal court system
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
when do federal courts have original jurisdiction 8
constitutional issues, federal laws, state disputes, different state citizens dispute, dispute with federal government, involve foreign countries, maritime laws, US diplomats
other officials in federal court system
magistrates, US attorneys, US marshals
magistrates role
issue search and arrest warrants, decide whether there is enough evidence for a trial, determine whether bail is allowed and for how much
US attorneys role
prosecute people accused of breaking federal law, argue on the governments behalf when involved in a case
US marshals role
make arrests, collect fines, take those convicted to prison, protect jurors, notify people who must go to court (serving subpoenas), keep court order
why are the supreme court positions so hotly contested
they serve for life, have high national influence