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39 Cards in this Set
- Front
- Back
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• What two main points are made in the Constitution about the establishment (creation) of a judicial system?
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o Judicial power of the US will be vested in one supreme court and in inferior courts that Congress may ordain and establish
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• Why is it fair to say the US has a dual court system?
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o The US has two separate court systems (federal and state)
o Powers of the judicial system are divided between federal and state courts |
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• What are inferior courts?
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o Lower federal courts that are beneath the supreme court
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• What are constitutional courts and what types of courts are classified as such? What are they also known as?
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o Constitutional courts
• Federal courts that congress forms under article III • Court of appeals, district courts, US court of international trade etc. • Also known as regular courts • Exercise the judicial powers of the US |
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• Explain the purpose of special courts and give a couple examples of them. What are they sometimes called?
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o Special courts
• Created by congress to hear cases arising out of the expressed powers given to congress in Article I • Hear a narrower range of cases • US Tax court, Courts of the District of Columbia • Aka legislative courts |
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• Define the term “jurisdiction” and identify the two basic criteria for federal court jurisdiction.
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o Jurisdiction→ authority of a court to hear a case
o Federal courts may hear a case because of either the subject matter or the parties involved |
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• Define and give an example of exclusive jurisdiction and of concurrent jurisdiction.
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o Exclusive jurisdiction
• When a case can only be heard in the federal courts • Ex: a case involving an ambassador cannot be heard in a state court o Concurrent jurisdiction • When a case can be heard in either a state or federal court • Ex: disputes involving citizens of different states can be tried in state or federal court |
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• Define the terms: plaintiff and defendant
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o Plaintiff→ the person who files the suit
o Defendant→ the person whom the complaint is against |
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• Define the terms original and appellate jurisdiction and explain their application in the federal court system.
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o Original jurisdiction
• A court in which a case is first heard has original jurisdiction over the case • District courts have original jurisdiction • Supreme court has both appellate and original jurisdiction o Appellate jurisdiction • A court that hears a case on appeal from a lower court has appellate jurisdiction over the case • Court of appeals has appellate jurisdiction • Appellate courts (the higher court) can uphold/overrule/modify the decision appealed from the lower court • Supreme court has both appellate and original jurisdiction |
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• What is the process for naming a judge to a federal court and what is the meaning of “senatorial courtesy”?
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o President in partnership with Senate appoints judges to the supreme court
o Other federal judges are appointed in the same way o Senatorial courtesy→ greater preference is given to senators from the state in which a federal judge is to serve |
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• What considerations (not just political) does a president take into account in appointing a federal judge?
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o President appoints judges from their own political party
o Judges that agree with president’s legal, social, political, and economic views are given preference |
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• Explain judicial activism and judicial restraint
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o Judicial activism
• Belief that a judge should use his position to promote desirable social ends o Judicial restraint • Belief that judges should defer to the actions of the legislative/executive branches when making decisions |
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• For how long are judges on the constitutional courts appointed and how may they be removed from office?
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o Judges are appointed for life
o Judges can be removed from office if they resign, retire, die, or if they are impeached |
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• District courts
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o District courts=federal trial courts
o Handle 80% of the federal caseload o The fifty states are divided into 89 federal judicial districts o At least two judges are assigned to each judicial district o Ex: NY has four judicial districts o District courts have original jurisdiction o District courts are the principal trial courts in the federal court system o Hear criminal and civil cases |
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• Criminal cases
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o When a defendant is tried for committing an action that Congress has declared by law to be a federal crime
o Murder, robbery, fraud |
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• Civil case
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o Involves a non criminal matter
o Bankruptcy, labor relations, civil rights |
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• Court of Appeals
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o Established to relieve the supreme court of the burden of hearing appeals from district courts
o There are 12 courts of appeals in the judicial system o US is divided into 12 judicial circuits o A justice of the supreme court is assigned to each of the appellate courts o Courts of appeals only have appellate jurisdiction o Hear cases on appeal from lower federal courts o Decisions from the Courts of Appeals are final unless the supreme court chooses to hear appeals taken from them |
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• Docket
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• Docket→ list of cases to be heard
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• Choosing a federal judge
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o President and senate appoints judges
o Senate must agree with president’s choice for a judge o A candidate’s constitutional and judicial philosophy is taken into consideration when choosing judge o There are some conflicts in the process • Having the president choose judges is giving him too much power • There is a vague criteria for choosing a judge |
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• What is judicial review and what was the role of Marbury v. Madison in establishing that role?
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o Judicial review→ power to decide the constitutionality of an act of the government
o The supreme court has final authority on the meaning of the constitution o Marbury vs. Madison • First assertion/exercise of judicial review • John Marshall declares the Judiciary act of 1789 unconstitutional • Supreme court has the right to declare laws unconstitutional |
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• On what cases does the Supreme Court have original jurisdiction?
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o Those to which a state is a party and those affecting ambassadors and other public ministers
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• What is the rule of 4?
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o Governs how the courts select those cases that it hears
o 4/9 of a court’s justices must agree that a case should be a part of the court’s docket |
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• What is writ of certiorari and certificate as it relates to the Court?
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o Writ of Certiorari→ order by a higher court directing a lower court to send up the record in a case for its review
o Writ of Certificate→ when a lower court asks the supreme court to certify the answer to a question in the matter |
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• How does the court operate
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o Once the supreme court accepts a case it sets a date on which the case will be heard
o Work in two week cycles→ they hear oral arguments for two weeks then deliberate for two weeks o most supreme court cases are controversial→ easy and not controversial cases almost never reach the supreme court |
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o Briefs
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o Briefs→ written documents filed with the court before oral arguments begin
• Outline the oral arguments • Lawyers write them before presenting their oral arguments |
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o Amicus curiae briefs
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• Briefs filed by persons/groups that are interested in the case but aren’t actual parties in the case
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o Solicitor general→
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• represents the US in all cases to which it is a party
• decides which cases the government should ask the Supreme court to review • decides what position the US should take in the cases it brings before the supreme court |
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• Majority opinion
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o The court’s opinion
o Announces the court’s decision in a case |
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• Precedents
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o Examples to be followed in similar cases in the future
o Decisions that happen in the past affect decisions that happen in the future b/c they stand as examples |
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• Concurring opinion
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o An opinion written to add or emphasize a point that was not made in the majority opinion
o Concurring opinions can influence the supreme court to modify its present stand in future cases |
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• Dissenting opinion
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o Opinions written by justices who don’t agree with the majority decision
o Sometimes dissenting opinions can influence the supreme court’s decision |
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The problem with the bill of rights
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• The provisions of the Bill of Rights apply against the national government, not against the states
• But this doesn’t mean that states can deny basic rights to the people |
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14th Amendment Due Process Clause
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• The provisions of the Bill of Rights apply against the national government, not against the states
• But this doesn’t mean that states can deny basic rights to the people o Most state constitutions contain a bill of rights o 14th amendment due process clause • Says states cannot deprive any person life liberty or property without due process of law o Supreme court says that the due process clause means no state can deny any person any right that is basic or essential to the American concept of ordered liberty • Essentially, the protections of the bill of rights apply to the states through the due process clause |
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• Process of incorporation
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o Court decides what rights are basic and essential through hearing and deciding cases in the courts
o The Supreme Court has incorporated most of the guarantees in the bill of rights into the 14th amendment’s due process clause |
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• Gitlow v. New York
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o Began the historic process of incorporation
o Determined that freedom of speech (which is guaranteed in the bill of rights) applies to states through the due process clause |
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• Federalist papers
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papers written by Madison, Jay, and Hamilton during the revision of the Articles of Confederation in order to convince people to support and vote for the constitution
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• “A circumstance which crowns the defects of the Confederation remains yet to be mentioned, the want of a judiciary power.”
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o Lack of judiciary power/a judicial system is a big problem
o People/societies need a judiciary system to establish order and justice o Laws are useless unless you have courts to enforce them o To make sure there is one uniform interpretation of laws, there should be one supreme court o To avoid confusion that results from contradictory decisions from independent judicatories, it is necessary to establish one court paramount to the rest |
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• “This is the more necessary where the frame of the government is so compounded that the laws of the whole are in danger of being contravened by the laws of the parts”
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o It is extremely necessary to have one supreme court when you have a big diverse society
o You need to make sure the laws that govern the society don’t get overpowered by the laws that govern individual parts of the society • Ex: US laws must remain supreme to state laws o There will be much disagreement and contradiction when trying to interpret the constitution if there isn’t a supreme court b/c the society is so diverse o There needs to be one supreme court to enforce the society’s laws as the supreme law of the land |
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The John Stuart Mill Harm Principle article: Focus on and be able to explain the main ideas contained in the section titled “On Liberty” which starts at the bottom of p.2 and goes to the end of the article.
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• In a democracy the majority pose a threat because they have the power to abuse the minority
• In order to prevent this from happening, Mill proposes to implement the “harm principle” o The only purpose for which power can be rightfully exercised against somebody’s will is to prevent harm to others • The power of the majority will be limited while preserving the safety of the minority and of the general good • By placing limitations on power democracy can be a safe system of government • In a society, individual liberties must be limited in order to prevent harm to others o Ex: you have the freedom to swing your fist unless you’re about to punch somebody (because you’re hurting them) |
