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24 Cards in this Set
- Front
- Back
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Jurisdiction
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the authority to hear or try a case
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Dual Court System
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Two Court system
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Two types of Court Systems
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Federal Court
State Court |
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Exclusive Jurisdiction
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cases only tried in federal courts
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Concurrent jurisdiction
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cases can be shared in either a federal or a state court
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Original Jurisdiction
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the court where the case is heard first
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Appellate Jurisdiction
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the court hearing an appeal from lower court
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Things needed to appoint federal judges:
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Legal Expertise
Party Affiliation Judicial Philosophy Judicial Restraint Judicial Activism Senate Approval |
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Legal Expertise
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does the nominee have professional competence
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Party Affiliation
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President usually nominate someone with the same party affiliation
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Judicial Philosophy
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how does the nominee interpret the constitution (loosely or strict)
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Judicial Restraint
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judge interprets the Constitution as it is written by the Framers (their original intent)
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Judicial Activism
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judges can adapt the meaning of the Constitution to meet the demands of contemporary realities.
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Senate Approval
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the Senate must approve any nominee to a federal court
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Checks and Balances
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~Senate approval
~Judicial Review ~can say whether a law or action is unconstitutional ~impeachment trial-Vice President judge ~appointed for life and can't decrease pay |
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Major Supreme Court Cases
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Marbury v. Madison
Plessy v. Ferguson Brown v. Board of Education Miranda v. Arizona |
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Marbury v. Madison
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established the Court's power of judicial review
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Plessy v. Ferguson
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led to an expansion of Jim Crow segregation
(Separate CAN BE equal) |
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Brown v. Board of Education
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led to the end of segregation in public schools
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Miranda v. Arizona
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expanded defendants' rights and restricted law enforcement's action
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Supreme Court Procedures
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~term begins each year on the first Monday in October and lasts until June/July
~last about two week period ~first period- listen to lawyers present their cases, decide what they will hear, and issue orders on minor cases ~then the law clerks will research and write rough drafts of opinions ~usually has 100 cases per year ~hear the cases because there is usually a major question about the Constitution or the federal law ~then read briefs and have oral arguments ~discuss case and then the opinions form ~types of opinions: Majority Opinion Concurring Opinion Dissenting Opinion |
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Majority opinion
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signed by at least five of the justices and represents the Court's actual ruling in the case
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Concurring Opinion
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agree with the overall conclusion but stress a different or additional legal reasoning
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Dissenting Opinion
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written by the minority of justices who do not agree with the ruling in the case
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