Chapter 13: The Courts Flashcards Preview

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Flashcards in Chapter 13: The Courts Deck (34)
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1
Q

Original Jurisdiction

A

When a court has the power to hear a case for the first time.

2
Q

Appellate Jurisdiction

A

When a court hears a case on appeal from a lower court and may change the lower court’s decision.

3
Q

The Supreme Court

A

An appeals court, operating under appellate jurisdiction and hearing appeals from the lower courts. The superseding authority over all other judicial courts and their decisions. The nine justices serving lifetime terms are nominated by the President and appointed with the approval of the Senate.

4
Q

Federalist No. 78

A

Written by Alexander Hamilton, outlines the importance of the federal judiciary being independent and considering it the least influential without power “over either the sword or the purse”

5
Q

Judiciary Act of 1789

A

The bill that established the basic structure of the Federal Judiciary: The lowest levels are the district courts, a losing party who is unhappy with a district court decision may appeal to the circuit courts, or U.S. courts of appeals, where the decision of the lower court is reviewed. Still further, appeal to the U.S. Supreme Court is possible.

6
Q

Chisholm v. Georgia (1793)

A

The Supreme Court’s first major case, deemed that federal courts can hear cases from a citizen of one state against a citizen from another state. Also declared that states aren’t immune from similar interstate lawsuits. Decision immediately overturned by the 11th Amendment: “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State”

7
Q

John Marshall

A

4th Chief Justice of The Supreme Court, responsible for strengthening the authority of the court and bringing about its modern role.

8
Q

Marbury v. Madison

A

Landmark case that establishes judicial review (the power of the court to determine constitutionality of actions, laws, and regulations)

9
Q

common law

A

the pattern of law developed by judges through case decisions largely based on precedent

10
Q

civil law

A

Cases that involve two or more private (non-government) parties, at least one of whom alleges harm or injury committed by the other.

11
Q

state courts

A

Level of courts that handle most criminal activity within the state, violations of state specific laws, as well as civil matters: divorce, malpractice, contract disputes etc.

12
Q

federal courts

A

Hears any case that involves a foreign government, patent or copyright infringement, Native American rights, maritime law, bankruptcy, or a controversy between two or more states.

13
Q

Miranda v. Arizona

A

(used as an example to show the interplay between state and federal courts ) Ernesto Miranda convicted of kidnapping and rape at the state level but his confession was inadmissible because his 5th Amendment right was violated as decided by The Supreme Court leading to Miranda Rights.

14
Q

Pros of The Dual Court System

A
  • You have more avenues to be heard and have your rights defended.
  • State courts can disagree and appeal to federal courts to reconcile the decision making.
15
Q

Cons of The Dual Court System

A
  • Even with our binding Constitution, state laws and charges can vary greatly. What is legal and illegal and their sentences are differ from state to state. An example of federal/state contradiction is marijuana.
  • Political cultures in each state differ and that affects the judicial processes between them, potential bias.
  • Each state may even interpret and enforce federal law differently creating a non-uniform set of laws across the country.
16
Q

Stare Decisis

A

Latin for “stand by things decided” Meaning the judges rule on the precedents previously set by the court.

17
Q

What are The Three Tiers of Federal Courts?

A

District Courts, Court of Appeals (Circuit Courts), and The Supreme Court.

18
Q

Circuit Courts

A

These are Federal courts of appeal.

19
Q

District Courts

A

These are the national trial courts where federal cases are first heard. There are 94 of them amongst the US and its territories.

20
Q

Senate Judiciary Committee

A

This committee votes on the approval of a federal justice/judgeship nominee before The entire Senate can votes. A majority is needed from the Senate to confirm a nominee into the courts.

21
Q

Senatorial Courtesy

A

Before making an appointment to any federal judiciary position it is custom to get the okay from the senator of the state the federal judiciary will occupy.

22
Q

Rule of Four

A

A Supreme Court custom in which a case will be heard when four justices decide to do so.

23
Q

Docket

A

the list of cases scheduled on the Court’s calendar

24
Q

Solicitor General

A

The lawyer who represents the federal government before the Supreme Court: He or she decides which cases (in which the United States is a party) should be appealed from the lower courts and personally approves each one presented.

25
Q

briefs

A

short arguments describing each party’s view of the case.

26
Q

Amicus curiae Briefs

A

Meaning “friends of the court” these are briefs not submitted by the parties involved but outside individuals and groups that have an interest in the outcome of the case (usually submitted by interest groups).

27
Q

Oral arguments

A

When both sides defend their claims and answer any of the justice’s questions in regards to the case.

28
Q

Conference

A

Biweekly sessions held by the Supreme Court where they discuss the cases on docket and vote on decisions.

29
Q

Judicial Activism

A

A judicial mindset where the principles of the Constitution extrapolated and applied to a modern setting, emphasizes personal liberties and rights.

30
Q

judicial restraint

A

A judicial mindset that focuses on following precedents and more concrete interpretations of The Bill of Rights and following legislation to the letter. This mindset usually advocates more decision making to the elected branches of government.

31
Q

Court Packing

A

A strategy used by Roosevelt to intimidate the courts by proposing to appoint six additional justice justices to the Supreme Court.

32
Q

Judicial Implementation

A

Term to describe how the state and federal government implement and enforce the decisions of the court.

33
Q

Dissenting Opinion

A

Written statement by a Supreme Court justice describing the reasons they disagree with the majority decision.

34
Q

Concurring Opinion

A

Written statement by a Supreme Court Justice that agrees with the majority decision but for different reasons.