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DE US Government > Unit 6: Judiciary > Flashcards

Unit 6: Judiciary Flashcards

1
Q

What are the Origins of the Supreme Court & Federal Judiciary?

A
  • Constitutional Basis (Article III)
  • The Judiciary Act of 1789
  • The John Marshall Court (1801-1835)
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2
Q

What establishes the Supreme Court, & gives Congress the power to create lower federal courts?

A

The Constitutional Basis (Article III)

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3
Q

What gives Federal courts jurisdiction over cases involving the Federal government itself, Federal law, and interstate disputes?

A

The Constitutional Basis (Article III)

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4
Q

What sets life terms of office for Federal judges (unless they are impeached or quit)?

A

The Constitutional Basis (Article III)

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5
Q

Checks

A
  • Gives Congress the power to define the Federal courts’ jurisdiction (power to hear particular types of cases)
  • The Senate the power to confirm or reject the President’s judicial appointments.
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6
Q

The Judiciary Act of 1789

A

Established the current three-tiered structure of the Federal court system of U.S. District Courts, U.S. Courts of Appeals, and the Supreme Court.

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7
Q

U.S. District Courts

A

Almost all Federal cases originate here.

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8
Q

U.S. Courts of Appeals

A

Hear cases on appeal from the District Courts.

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9
Q

The Supreme Court

A

Act sets minimum number of members at six.

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10
Q

Before Marshall became Chief Justice, what was the Supreme Court?

A

Lightly regarded.

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11
Q

What are the most important accomplishments of the Marshall Court?

A
  • Established the precedent of issuing “opinions of the Court,” rather than as individual members, when rendering decisions in cases.
  • Established the Supreme Court’s authority over the state judiciaries, and its power to invalidate state laws
  • Marbury v. Madison (1803)
  • McCulloch v. Maryland (1819)
  • Gibbons v. Ogden (1824)
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12
Q

Marbury v. Madison (1803)

A

Claimed for the Court the power of judicial review

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13
Q

Judicial review

A

The power to review the constitutionality of government acts (like laws), and negate them if they are unconstitutional.

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14
Q

McCulloch v. Maryland (1819)

A

Supreme Court upholds both the implied powers of Congress under the Necessary & Proper Clause, and the Supremacy Clause.

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15
Q

Gibbons v. Ogden (1824)

A

Only Congress has the power to regulate interstate commerce- not the states.
(=selling products across state lines)

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16
Q

How many tiers does the Federal and the 50 state courts all have?

A

A three-tier system

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17
Q

Where are cases first heard?

A

In trial courts which have original jurisdiction

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18
Q

Where do cases go next?

A

Appellate courts which have appellate jurisdiction

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19
Q

Criminal law

A

The government seeks to punish offenders who have committed illegal acts.

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20
Q

Civil law

A

One party sues another to regain lost property or rights

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21
Q

Class-action suits

A

Filed on behalf of a group victimized by the same action in civil law (mass amounts of people sueing a company for an example)

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22
Q

What do federal court rulings establish?

A

Legal precedents

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23
Q

Legal precedents

A

Rules binding on all the country.

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24
Q

Stare decisis

A

Decisions are often based on previous court rulings

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25
Q

How many U.S. District Courts are required?

A

At least one per state to fulfill Article III requirement that Federal crimes be tried in the state where the offense occurred

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26
Q

How many U.S. District Courts do we currently have?

A

94

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27
Q

What do U.S. District courts do?

A
  • Hear criminal cases and civil cases (if <$75K at stake)
  • Multi-state class-action suits over $5 million fall within their jurisdiction
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28
Q

Each District Court has what officers assigned to it?

A

1) U.S. Attorney, who serves as the chief prosecutor
2) U.S. Marshal, who serves as the chief law enforcer
3) U.S. Magistrate, who sets bail & issues warrants
4) U.S. Bankruptcy Court Judge

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29
Q

U.S. Attorney

A

Serves as the chief prosecutor

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30
Q

U.S. Marshal

A

Serves as the chief law enforcer

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31
Q

U.S. Magistrate

A

Sets bail & issues warrants

32
Q

How many U.S. Courts of Appeals do we have?

A

13

33
Q

Where are the U.S. Court of Appeals assigned?

A

11 have a specific group of states assigned them, while the other 2 handle specialized cases.

34
Q

Where can the losing party in District Court cases appeal?

A

U.S. Court of Appeals

35
Q

How many judges are assigned to it (The U.S Court of Appeals)?

A

6 to 30 judges

36
Q

Almost all cases are tried by what in the U.S. Court of Appeals?

A

Three-judge panel

37
Q

En banc

A

The entire circuit may sit together to review a panel’s decision or for very important cases

38
Q

In U.S. Court of Appeals cases, what new evidence can be shown?

A

No new testimony is heard. All arguments are by written documents (briefs).

39
Q

What makes up the Supreme Court?

A

Since 1869, it has been made up of one Chief Justice and eight Associate Justices.

40
Q

How are cases heard from the Supreme Court?

A

Almost all cases heard are on appeal from lower Federal & highest state courts.

41
Q

What are the Supreme Court’s majority rulings?

A

Its majority rulings are the final authority on the Constitution & U.S. law.

42
Q

What is the President’s Nomination Criteria for selecting a Federal Judge?

A

A) Potential for successful confirmation
B) Age
C) Competence/qualifications; professional experience
D) Gender/race/ethnicity/religion
E) Party identification/ Judicial Ideology
F) Issue orientation
G) Interest group input
H) Region (if lower courts)
I) Reputation/scandals
J) Campaign promises

43
Q

Judicial Ideology

A

Strict constructionist vs Loose constructionist

44
Q

Strict constructionist

A

Interprets the Constitution as closely to the Founders’ original intentions as possible

45
Q

Loose constructionist

A

Believes in a constantly evolving “living Constitution”

46
Q

Issue orientation

A

(“litmus test”) Example-a nominee’s views on abortion.

47
Q

What do Federal Judge nominees face?

A
  • They face a background check by the FBI, and the Senate Judiciary Committee asks them to fill out a detailed questionnaire.
  • Interest groups lobby the public through the media, and lobby Senators using campaign contributions (offering/threatening to withhold them)
  • the Senate Judiciary Committee holds hearings. The nominee is questioned, and ultimately the Committee votes to recommend the full Senate confirm or reject him or her.
48
Q

What is the Senate’s role in nominating new Federal Judges?

A

The full Senate debates the nomination and votes. A simple majority is required for confirmation. When voting on confirmations, Senators employ the same criteria as the President except Potential for successful confirmation. In addition, Senators consider how the media report the (televised) Judiciary Committee hearings.

49
Q

What does the Supreme court have jurisdiction over?

A

They have original jurisdiction over few cases, usually involving
disputes between state governments. Normally, the Court delegates hearing these cases to an appointed Special Master, and ratifies his recommendations.

50
Q

What is the Supreme Court’s appellate jurisdiction established by?

A

Congress.

51
Q

What cases do the Supreme Court’s appellate jurisdiction do?

A

The Court hears only the cases it chooses to.

52
Q

What is the beginning of the appeals process for the Supreme Court?

A

Parties must petition the Court for a writ of certiorari. If the Court accepts the case, it grants the petition for certificate and orders up the lower court records.

53
Q

Certificate

A

A lower court asks for clarification on which procedures or legal principles apply in a case.

54
Q

How common does the Supreme Court hears cases by certificate?

A

Rarely.

55
Q

What happens when Poor or indigent petitioners (such as convicts) can file in forma pauperis (IFP) applications?

A

If accepted, it results in the Court covering the petitioners’
costs. This includes appointing counsel for the petitioner.

56
Q

How do you grant a petition for certificate?

A

The case must come from either a U.S. Court of Appeals or state supreme court and involve a Federal question.

57
Q

What happens when petitions for certificate are filed?

A

Petitions for certificate are divided between justices, & are screened by their clerks

58
Q

What percentage of petitions for certificates make the list for justices to vote on?

A

About 30% of petitions make the “discuss list.”

59
Q

What happens if a petition of certificate makes the “discuss list”?

A

Once discussed by the Court, 4+ justices must vote to grant the petition for cert (the Rule of Four).

60
Q

Petitions tend to be granted if…

A

1) filed by the Federal government
2) they resolve differences between U.S. Courts of Appeals
3) important rights are involved
4) they suit the justices’ ideology
or 5) public interest is great.

61
Q

What happens when the Supreme Court hears the case?

A

The parties involved file briefs, as do other interested groups trying to influence the Court (amicus curiae briefs).

62
Q

How long can each side make oral arguments?

A

30 min. (including justices’ questions).

63
Q

What does the solicitor general do in Supreme Court appeals?

A

The solicitor general, representing the Federal government, appears & argues on its behalf, even in cases in which the government is not a party.

64
Q

How often does the Supreme Court meet?

A

The Court meets in private weekly to discuss cases and vote on them

65
Q

Majority opinion

A

Expresses the legal justification for the decision, and establishes the legal precedents.

66
Q

Badly divided Courts may issue what?

A

A plurality opinion.

67
Q

Justices who accept the verdict but not the legal reasoning may issue a what?

A

Concurring opinion

68
Q

Dissenting opinion

A

The losing side(s) issues this opinion, explaining why it disagrees.

69
Q

Voting influences on the Supreme Court

A

A) Judicial Philosophy
1) judicial restraint
2) judicial activism
B) Precedent (stare decisis)
C) Personal Background & Characteristics
D) Political Ideology
E) Public Opinion

70
Q

Judicial restraint

A

Courts should not overrule actions of other branches & states unless the Constitution is clearly violated, even if their own principles are at odds with the action.

71
Q

Judicial activism

A

Courts should use their powers broadly, especially when equality, personal freedoms, and social justice are advanced.

72
Q

Precedent (stare decisis)

A

Judges are eager to base decisions on previous court rulings, and are hesitant to overturn such rulings.

73
Q

What is the primary method by which the courts make policy?

A

Through use of its judicial review power, declaring acts of government unconstitutional.

74
Q

What happened with unpopular policies?

A

May be implemented poorly, slowly, or both.

75
Q

The success or failure of any judicial policy depends on what?

A

The public’s acceptance and willingness to act in accordance with it as well as public awareness of it.

DE US Government (11 decks)

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