The Judiciary Part Two

Question 1

Federal District Court

Answer 1

Created in 1789
1789- 13 courts per state and one federal court
Today- 94 district courts

Question 2

Issues of fact

Answer 2

The fact of the case is the verdict, so such is found. It is determined by a jury not a judge and cannot be appealed.

Question 3

Issue of law

Answer 3

The Law of the trial is called the procedural law

Issues of law are decided by the judge

Question 4

The procedural law

Answer 4

How the trial procedes, details of evidence handling

Question 5

Federal District court

Answer 5

94 of them
12 person jury
In every federal court house there is a US attorney appointed by the President

Question 6

U.S. Court of Appeals

Answer 6

Congress created these courts in 1891

Question 7

1789

Answer 7

3 circuit courts

Supreme Court judges would ride from city to city to hear appeals

Question 8

Today

Answer 8

12 districts including DC

Question 9

Appellate Jurisdiction

Answer 9

There are no trials in appellate courts, they only hear appeals

Question 10

How many judges on a federal appeals court

Answer 10

Three judges

Question 11

Appeal

Answer 11

The judge that judges the judges

He is judging what the lower court judges did

100% of people convicted appeal, only 10% move up to higher court

Question 12

Plea Bargin

Answer 12

Plead guilty to a lesser offense, but lose ability to appeal

Question 13

U.S. Supreme Court

Answer 13

1789- the only Court mentioned in the Constitution
It has original and apellate jurisdiction
Under 3% or less cases start in the SC
97% of SC cases come from the lower federal courts and the highest state courts

Question 14

A writ of certiorari

Answer 14

Writ: court order
A court order requiring that the lower court send its records for review
7,000 a year sent, They to to the clerks who decide if it is good or not.

Question 15

Rule of 4

Answer 15

A procedure that requires 4 judges to agree to hear a case

There are under 100 cases that make it to the Supreme Court

Question 16

How many judges on the SC

Answer 16

Since 1869 there have been 9 judges due to Congress

Question 17

Origins of SC cases

Answer 17

The cause come from inmates sending petitions, lower federal courts, state vs. state etc.

Question 18

Chief Justice of the U.S. Supreme Court

Answer 18

John Roberts

From Buffalo NY

Question 19

Opinions of the court

Answer 19

(The cases argued today may not be ruled until a few months later)

1) A 5-4 majority vote is required

Question 20

Majority Opinion

Answer 20

It expresses the view of the 5 or more member S that support the decision

Question 21

Concurring Opinion

Answer 21

Agrees with the majority, but for different reasons

Question 22

Minority Opinion

Answer 22

Represents the view of One judge that disagrees with the majority

Question 23

NYS Courts

Answer 23

The state courts deal with the state constitution and state law passed by the state legislature

Question 24

U.S. Courts vs. NYS Courts

Answer 24

U.S. | NYS
District |. Supreme
Court of Appeals. |. Appellate Division of the Supreme Court
US Supreme Court |. Court of Appeals

Question 25

NYS Supreme Court

Answer 25

Judges elected to a 14 year term | Lowest NYS court

Question 26

NYS Appellate Division of the Supreme Court

Answer 26

Most cases stop here 3 judges, nominated by the governor Majority vote

Question 27

NYS Court of Appeals

Answer 27

Highest court in NYS Judges nominated by the governor This court looks at the constitutionality of a NYS law

Question 28

Village/Town Courts

Answer 28

Judges are elected to a 4 year term They are non lawyers 6 man jury ``` They CAN: Arraign a felon Try misdemeanors Issue search warrants Handle small claims Handle traffic violations ``` They CANNOT: Try a felon They have no power for a felony charge

Question 29

City Court

Answer 29

The judges are elected to a 10 year term They have to be lawyers They have specialized courts I.e. Housing courts In a city court the jurisdiction is the same as a village/town but their problems are worse

Question 30

County Court

Answer 30

They judges are elected for 10 years They have to be lawyers All felony trials take place in county and state courts They also take town Appeals

Question 31

Limits of Federal Court Cases

Answer 31

``` Moot cases Personal Harm Victim cases Political Questions Limited control over agenda Enforcement issue ```

Question 32

Moot Cases

Answer 32

The courts will generally not consider moot or hypothetical cases Moot Cases- the court requires that a law to be broken before it is challenged I.e. The high school cases, the kid wi the arm band is out of high school so trying the case won't help him, it's a moot Case, but it solves a larger problem. Sometimes in cases like this the court allows a certain amount of mootness if a situation is likely to be repeated again

Question 33

Personal Harm class victim case

Answer 33

Generally speaking, the court is unwilling to consider cases in which their is no harm to an individual. There must be personal harm. I.e. SSA age requirement, everyone is harmed General Harm: as long as everyone is harmed equally everyone is fine.

Question 34

Class action

Answer 34

When a group of people challenge a law as being arbitrary and unreasonable. I.e. Buffalo police trial group of 30 people

Question 35

Political Questions

Answer 35

Courts generally will not consider political Questions to avoid imposing their views on the other two branches. The court tries to stay out of politics It's a no win situation for them I.e. Bush Gore decision

Question 36

Limited control over agenda

Answer 36

The court is a passive body and depends on people bringing the issue to the court Someone must break a law and have it tried

Question 37

Enforcement Issue

Answer 37

The court lacks the ability to enforce their own opinions. Often public opinion runs counter to court opinion. I.e. The court option that we need to integrate When you have non politicians issuing policies that are not in sync with the public backlash happens Sometimes under enforcement powers court judges and lawyers are not sure what an opinion means or have not read it

Question 38

Judicial Philosophy

Answer 38

Activism vs, Restraint

Question 39

Judicial Activsim

Answer 39

The court should use its power of Judicial review to frustrate Congress and Legislative bodies, whenever the attempt to interfered with the rights of others The court should be an instrument for social change Judge made laws, laws made by the bench

Question 40

Judicial Restraint

Answer 40

The court should use its power sparingly and respect the will of the people which is expressed through elected officials Let the elected leaders make these calls The court should only overturn laws that violate the Constitution

Question 41

Interpretation of Statutes

Answer 41

How they interpret the law

Question 42

Judicial Review

Answer 42

Marburg vs. Madison 1863 | This changes what the founders intended

Question 43

Intent of the Founders

Answer 43

The court should try and figure out what the intent of the founders was

Question 44

Congressional Debate

Answer 44

Look at what the law makers said before the law was made

Question 45

Plain

Answer 45

Meaning in rule, common sense

Question 46

Precedent

Answer 46

To examine what prior courts have done