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30 Cards in this Set
- Front
- Back
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What is State Jurisdiction
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states having jurisdiction over cases involving state laws
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What is Federal Jurisdiction
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fed. courts having jurisdiction over cases involving fed. laws
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jurisdiction
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authority to hear certain cases
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Difference between fed. and concurrent jurisdiction
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fed- only fed. court can take case
concurrent- both state and fed. have jurisdiction |
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what was the ruling in plessy v. ferguson and how did this affect america
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established separate but equal doctrine-made segregation expectable(bad for civil rights)
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Court cases like Granger, Us. v. E.C., Debs v. U.S. all involve questions of govt. control over what?
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BUSINESS
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Though S.C has a lot of power today- what is one limitation they have?
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have to wait court case to reach them
can only find things const. or not cannot enforce laws/rulings |
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What are 2 diffe. courts congress has created- and what are their main duties
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const. court-deal with criminal acts and civil cases (people)
legislative court- help congress exercise powers |
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how is the verdict in a District court different than in an appeals court
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D.C-guilty/not or who is at fault
Appeals- uphold original decision reverse decision or send case back to lower case--remand |
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when a pres. appoints an S.C. J. how does that give them great power even after they are out of the presidency?
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S.C.J have life-terms--so they will make decisions that pres. approve of long after the pres. is out of office
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What is Senatorial courtesy and how is it an example of checks and balances
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when pres. submits name to senators of candidates home state to see if they approve--leg. branch can check on power of exec. and keep balance of what people and pres. want
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why is the S.C. main duty deal with appellate jurisdiction
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because appeal courts rule if something is const. and because the S.C. is and appeals court their job it to make sure the country follow the const.--hear cases that deal with possibly unconst. acts
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how do justices finalize their decision?
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they have to write an opinion stating why they think the case was const. or not and why they voted the way they did
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what are the const. requirements to be a S.C. justice
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no actual const. requirements- but almost all have a law degree and law experience
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name 3 groups that have a voice in nominating justices
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ABA
NAACA NOW |
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what are the two ways the S.C. takes on a case
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writ of cetiorary-individual/party asks S.C. to look at case
appeal- court of appeals asks S.C to look at case |
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why should S.C read the amicus curiae briefs
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to get info that interest groups, individuals and govt. agencies find essential for case-allows people who are affect by possible ruling to be heard
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why is it important for SCOTUS to have power to reverse precedents
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more could be known on the subject, more evidence, different times/judge
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T/F because SCOTUS is political inst. they traditionally handle political questions
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FALSE
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what are the SCOTUS limitations on public policy
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cant enforce laws, other branches therefor can totally ignore their ruling
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plessy v. ferguson
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made segregation acceptable --separate train cars
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brown v. board
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overturned plessy--separate but equal was unconst.
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Tinker v. Des Moines
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students wore armbands in protest of Vietnam War--then suspended this was decided to be unconst.
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Engel v. Vitale
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there was a daily voluntary prayer at a school and court decided that it was unconst. - church and state were to be separated
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Gideon v. Wainwright
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gideon did a petie crime and did not get a lawyer--found unconst. and now anyone can get a lawyer even if they are poor
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criminal case v. civil case
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criminal-guilty/not
civil-who is at fault |
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legislative court-deals with what
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helps congress exercise powers-tax courts, territorial courts ect.
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Petit jury vs. Grand jury
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petit- 6-12 jurors function is to weigh evidence presented at trial and decide if guilty or who is at fault-grand larger jury that hears charges and decides if there is sufficent evidence to issue an INDICTMEN--a formal accusation charging a crime
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judicial interpretation
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some restrained-word for word
others activism- looking at it from todays meaning |
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types of opinion
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unanimous-all vote same
majority- express majority concurring- agree 4 diff reason dissenting- losing side |
