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14 Cards in this Set

  • Front
  • Back
What is original jurisdiction?
the authority of a court to hear a case 'in the first instance' -Federal District Courts have original jurisdiction for cases involving federal law
What are the three levels of federal courts?
Federal District Courts
Federal Circuit Courts of Appeals (hear cases on appeal from the District courts)
Supreme Court (hears appeals of cases dealing w/ constitutional questions from Circuit Courts and also original suits b/w states)
What is appellate jurisdiction?
a court can only decide issues of law, never the facts of a case
How many Circuit Courts of Appeals are there?
13, they hear cases on appeal from the Federal District Courts or from a State Supreme Court
-Circuit Courts decide issues of law, never issues of fact
-have no juries
What is senatorial courtesy?
president will submit a list of prospective judicial appointees to the senators from that state where the appointee will work or the senators will submit a list of acceptable names
What is judicial restraint?
judges who are reluctant to overturn the acts of a legislature practice judicial restraint
Who is a judicial activist?
a judge who has no qualms about overturning a legislative act is a judicial activist
What is a writ of certiorari and when is it issued?
it is a legal document used to request the lower court transcripts of a case and it is issued when 4 justices agree to review a case
What is a justiciable case?
a case that is real and adverse, meaning that the case must involve an actual legal dispute -political issues are not justiciable
What is standing?
a petitioner (the person who brings the case to court) must have some vested interest in the outcome of the case (they can't bring a case b/c they dislike a law) to have standing
What is judicial review and when was it established?
it is the right to jduge the constitutionality of laws and it was established in Marbury vs. Madison in 1803
Fletcher vs. Peck (1810)
1st case that the SC overturned a state law on constitutional grounds- applied the right to judicially review state laws
McCulloch vs. Maryland (1819)
SC ruled that courts don't have power to tax nat'l bank (and fed. gov. by extension) -decision reinforced supremacy clause of the Constitution
Gibbons vs. Ogden (1824)
SC ruled that NY state couldn't grant a steamship company a monopoly to operate on an interstate waterway even though it ran through NY -ruling increased fed. power over interstate commerce