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14 Cards in this Set
- Front
- Back
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What is original jurisdiction?
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the authority of a court to hear a case 'in the first instance' -Federal District Courts have original jurisdiction for cases involving federal law
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What are the three levels of federal courts?
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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) |
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What is appellate jurisdiction?
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a court can only decide issues of law, never the facts of a case
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How many Circuit Courts of Appeals are there?
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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 |
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What is senatorial courtesy?
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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
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What is judicial restraint?
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judges who are reluctant to overturn the acts of a legislature practice judicial restraint
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Who is a judicial activist?
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a judge who has no qualms about overturning a legislative act is a judicial activist
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What is a writ of certiorari and when is it issued?
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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
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What is a justiciable case?
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a case that is real and adverse, meaning that the case must involve an actual legal dispute -political issues are not justiciable
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What is standing?
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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
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What is judicial review and when was it established?
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it is the right to jduge the constitutionality of laws and it was established in Marbury vs. Madison in 1803
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Fletcher vs. Peck (1810)
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1st case that the SC overturned a state law on constitutional grounds- applied the right to judicially review state laws
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McCulloch vs. Maryland (1819)
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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
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Gibbons vs. Ogden (1824)
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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
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