The Federal Court System

Question 1

characteristics of court system

Answer 1

1. adversarial
2. passive
3. jurisdiction
4. complex dual court system

Question 2

adversarial

Answer 2

• court provides an arena for two parties to bring their conflicts before an impartial arbiter, or judge
• plaintiff: brings a charge
• defendant: one being charged

Question 3

passive

Answer 3

• judges are restrained by Constitution to deciding actual disputes or cases rather than hypothetical ones
• judiciary branch = passive that depends on others taking initiative

Question 4

jurisdiction

Answer 4

court’s authority to hear a case

Question 5

original jurisdiction

Answer 5

courts in which a case is first heard

Question 6

appellate jurisdiction

Answer 6

courts that hear cases brought to them on appeal from a lower court

Question 7

exclusive jurisdiction

Answer 7

cases that can be heard only in certain courts

Question 8

concurrent jurisdiction

Answer 8

cases that can be heard in either a federal or a state court

Question 9

complex dual system

Answer 9

• two separate court system (state and federal)

- state = criminal; judiciary = whole country

Question 10

SC in the Constitution

Answer 10

only court mentioned; Congress has power to create all others federal courts

Question 11

Judiciary Act of 1789

Answer 11

• established basic three-tiered structure of federal courts that still exists
• set size at 6 justices but then increased to nine

Question 12

district court

Answer 12

• state has at least one (94 total)

- most end in plea bargain negotiated by the defense and prosecution

Question 13

court of appeals

Question 14

court of appeals

Answer 14

• appellate courts authorized to review all district court decisions
• empowered to rule on decisions of federal regulatory agencies such as Federal Trade Commission
• do not hold trials or hear testimony

Question 15

Supreme Court

Answer 15

• “court of last resort”
• reviews cases from US courts of appeals and state supreme courts
• final arbiter of Constitution
• establish precedents binding on entire nation

Question 16

Marbury v. Madison

Answer 16

• established power of judicial review

- power of SC to declare federal legislation invalid if the legislation violated the Constitution

Question 17

nomination criteria

Answer 17

1. competence - impressive credentials (prior experience)
2. ideology and policy preferences - share preferences with president (ex- FDR and New Deal)
3. race, ethnicity, and gender (2 African Americans, 3 females, and 1 Hispanic)

Question 18

confirmation process

Answer 18

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Question 19

confirmation process

Answer 19

1) names of possible nominees are sent to the FBI for thorough background check
2) names sent to American Bar Association for a professional rating
3) interest groups: protests, appearances in media, ads, editorials, and emails to senators
4) Senate Judiciary Committee holds public hearings on each SC nominee
5) recommendation to entire Senate

Question 20

When does the SC exercise original jurisdiction?

Answer 20

• two or more states
• US and state govt
• US and foreign ambassadors/diplomats

Question 21

writs of certiorari

Answer 21

• an order by the Court directing a lower court to send up the record in a given case for its review (how they get the rest of their cases through appellate jurisdiction)
• enables SC to control caseload but must involve constitutional issue or interpretation of federal statute, action, or treaty

Question 22

Rule of Four

Answer 22

• clerks screen 9,000 petitions that come to SC
• justices conduct weekly conference meetings where they discuss petitions prepared by their clerks
• for a case to be heard on appeal, at least four our of nine justices must agree to hear case

Question 23

solicitor general

Answer 23

• fourth-ranking member of Department of Justice
• responsible for handling all appeals on behalf of the US govt to the SC
• important role in which cases they hear

Question 24

filing briefs

Answer 24

• each party required to do this
• detailed written statement, arguing one side of a case
• cite relevant facts, legal principles, and precedents that support their arguments

Question 25

role of amicus curiae briefs

Answer 25

- interest groups use these to lobby court | - controversial topics draw many

Question 26

oral arguments

Answer 26

- open to the public | - attorneys have 30 min to present case

Question 27

discussion and voting

Answer 27

- discuss each case in closed meeting held on Friday | - presided over by Chief Justice

Question 28

formal opinions

Answer 28

present the issues, establish precedents, and set guidelines for lower courts

Question 29

majority opinion

Answer 29

-"the opinion of the Court"; the law of the land

Question 30

concurring opinion

Answer 30

supports the majority opinion but stresses different constitutional or legal reasons for reaching the judgement

Question 31

minority or dissenting opinion

Answer 31

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Question 32

minority or dissenting opinion

Answer 32

expresses a point of view that disagrees with the majority opinion; no legal standing

Question 33

stare decisis

Answer 33

- Latin phrase meaning "let the decision stand" - vast majority of SC decisions based on precedents made in earlier cases - other decisions more uniform, predictable, and efficient

Question 34

examples of precedents

Answer 34

1. Marbury v. Madison: established judicial review and then in Martin v. Hunter's Lessee, Court extended power to overrule state courts 2. Baker v. Carr: established one person, one vote and then in Wesberry v. Sanders, the Court applied principle to congressional districts

Question 35

exceptions of precedents

Answer 35

- Plessy v. Ferguson: permitted segregation if the facilities were "separate but equal" - revoked this in Brown v. Board of Education: "segregation is a denial of the equal protection of the laws"

Question 36

judicial restraint

Answer 36

- advocates of judicial restraint argue that SC should use precedent and the Framers' original intent to decide cases - SC should defer to the elected institutions of govt

Question 37

judicial activism

Answer 37

- federal courts must correct injustices when other branches of govt or states refuse to do so - point back to Brown v. Board of Education

Question 38

How does the Constitution insulate justices from direct political pressure?

Answer 38

- Justices appointed to serve life terms subject only to good behavior - salaries of justices cannot be reduced - certiorari process enables SC to set own agenda - public limited access to Court proceedings

Question 39

How is the SC still aware of public opinion?

Answer 39

- appointment and confirmation processes keep SC from deviating from public opinion - Congress and state legislatures can amend Constitution - Congress can change the SC's appellate jurisdiction - Congress has the power to change the number of justices on the Court - Justices can be impeached