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47 Cards in this Set
- Front
- Back
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rule of four
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need approval of at least 4 judges to grant certiorari or agree to hear oral arguments.
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in forma pauperis
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a status granted that means a person is without liability for the cost of filing cases before the court
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standing
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Having the appropriate characteristics to bring or participate in a case; in particular, having a personal interest or stake in the outcome
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stare decisis
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“let the decision stand.” principle of adherence to settles cases, the doctrine that principles of law establishes in the earlier cases should be accepted as authoritative in similar subsequent cases
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petition of certiorari
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document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court
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writ of certiorari
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writ issued by Supreme Court, at its discretion and at the request of the petitioner, to order a lower court to send the record of a case to the Court for its review.
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amicus curiae
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a friend of the court, a person not a party to litigation, who volunteers or is invited by the court to give his views on a case
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writ of mandamus
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“we command”; an order issues from a superior court directing a lower court or other government authority to perform a particular act
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original jurisdiction
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jurisdiction of a court of the first instance, or trial court. Supreme court has original jurisdiction under Article III.
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appellate jurisdiction
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power of a higher court to review decisions and change outcomes of decisions of lower court
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discretionary jurisdiction
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jurisdiction that a court may accept or reject in particular cases. Supreme court has this type of jurisdiction in over 90% of cases that come in.
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advisory opinion
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based off of hypothetical questions because there is no actual case on that issue, which is not done by the court as a whole but an individual basis
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adverseness
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litigants must be real and adverse in seeking a decision that will resolve their dispute and not some hypothetical issue
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ripeness
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situation when a case is ready for adjunction and decision; the issue presented must not be hypothetical, and the parties must have exhausted over avenues of appeal.
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mootness
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unsettles, undecided. A moot question is also one that is no longer material, or tat has already been resolved and has become hypothetical.
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political question
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questions that courts refuse to decide because they are deemed to be essentially political in nature or because their determination would involve an intrusion on the powers of the executive or legislature
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cert. pool
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means of making workload easier by dividing cases up evenly, among those who are in the cert pool, instead of each judge being in charge of the same cases and having more work
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remand
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to send back. After a decision in a case, the case is often sent back by a higher court to the court from which it came from for further action in light of its decision.
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vacate
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the make void, annul, or rescind the decision of a lower court.
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seriatim
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separately, individually, one by one. The court’s practice was once to have each justice give his opinion on a case separately.
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obiter dictum
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statement by judge or justices expressing an opinion and included, with, but not essential to, an opinion resolving a case before the court. Dicta are not necessary binding in later cases.
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recusal
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the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest
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Join-3 votes
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“if over 3 judges want to hear the case, I’ll vote with them, but otherwise I’ll deny to hear the case.” Basically they are not personally persuaded but are not opposed.
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GVR’s
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“Grant certiorari, vacate the judgment below, and remand the case to the lower court” way to dispose of a case when the question being raised has already been decided in another case.
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docket
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all cases filed in a court
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Solicitor General
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reviews cases decided against the United States and determines whether the government will seek review in the Supreme Court. Known as the ninth and a half member of the court because of filing cases that are granted review and filing briefs via amicus curiae
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Court Clerk
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collect filing/administrative fees, receive/record all memos, petitions, briefs, statements, and etc. They also circulate those things when necessary to the different chambers.
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law clerks
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provides assistance to a judge in researching issues before the court and in writing opinions. They assist with legal decisions.
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Court Librarian
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manages the court’s library, responds to questions, circulates books, and manages request for use of Bounds and Briefs of Supreme Court cases
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Public Information Officer
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mostly works with the press, furnishes reporters with copies of court’s opinions and speeches, and maintains a room with copies of all the filings before the court for the use of the court’s press corps.
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Reporter of Decisions
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editing and publishing the Court's opinions both when announced and when they are published in permanent bound volumes of the United States Reports
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Legal Office
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handles cases under original jurisdiction of Article III of the Constitution, advise judges on personal legal matters like taxes, ethics, and receiving honoraria , and prepare memoranda on certain federal issues
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Marshal of the Court
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maintains order in the court and times oral arguments
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What are the basics of conference discussions?
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They meet to discuss and decide what cases to hear oral arguments on. It is private and the conferences take place on Wednesdays and Friday, and on Thursdays in May and June. There are two conference list, Special List I and II. Special List I are the things they discuss, such as petitions and judicial statements.
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What is the myth of merit? What is the corresponding reality?
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Judicial merit is not real and there is really no way to define it. The reality is that a lot of politics goes into nominations
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How have some (Henry Abraham, for example) tried to define merit? Where is the difficulty in doing this?
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He tried to define merit as having 6 things; demonstrated judicial temperament, professional expertise and competence, absolute personal and professional integrity, an able and lucid mind, appropriate educational background/training, and ability to communicate clearly in both written and oral formats. It is difficult to define things such as judicial temperament, it is rather subjective.
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What is the myth of the cult of the robe? What is the corresponding reality?
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The myth is that the justices are shut out from the world when on the Supreme Court and are rather a-political. The reality is that they are still active political actors and are involved in the exterior world still.
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How have law clerks impacted the Court?
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Become institutionalized over the years and have taken a larger role in conducting business for the court. The increasing number of large clerks has had a direct relationship in volume of concurring and dissenting opinions, and to longer/more heavily footnotes.
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What impact did Chief Justice Marshall have on the early Court?
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In general he helped managed to establish regularized procedures and enhance the court’s prestige. For example, since him all members of the court have dressed in black robes and he also perceived unanimous decisions as building the court’s prestige.
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Use Roe v. Wade and subsequent abortion cases to illustrate the struggle for power on the Court.
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Since the court is human, it can change its constitutional politics through time as well. The court also has to balance the relationship between state and federal powers and jurisdiction, while also not taking over the legislatures role in the government.
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What are the major elements that determine whether or not the Court will hear a case?
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1. adverseness and advisory opinions 2. standing to sue 3. ripeness 4. mootness 5. political questions 6. stare decisis and other policies
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What are the basics of the process for nominating and appointing a Supreme Court justice?
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President makes his pick then it goes to the Senate Judiciary Committee for approval and eventually goes to the whole senate for a vote.
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What political tradeoffs receive consideration in the nomination process? Which tend to be more important and which less?
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Ideology compatibility is taken into huge consideration, while geography is limited in consideration.. Religion has little influence in the nomination process, but is politically symbolic as a consideration factor. Gender and race are also politically symbolic for the court.
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What are the four broad considerations for presidents when selecting nominees?
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1. Ideology and policy goals 2. Professional Competence 3. Representation Factors 4. Party faithfulness (networking, etc)
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Identify and explain the three models of presidential appointment to the Court.
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1. Classic democratic (reward party faithful, less of a role of ideology factor) 2. Bipartisan (primary driver is professional competence) 3. Republican Ideology Judicial Selection (primary driver is ideology)
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What problems did circuit riding pose for the justices and the Court?
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It was too burdensome to the justices, as they spent a lot of time traveling. It also diminished the court’s prestige, because a decision made by a justice on circuit could possibly be overturned by the whole court later on. It also made it harder for them to construct an institutional identity since they were always away from DC at their circuits.
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In what ways has the Court responded to an increasing caseload throughout its history
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1. Bureaucratic response managerial and technology changes 2. Jurisdictional changes further enlarge court’s power of review 3. Procedural and process changes require in accepting cases, fees, etc
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