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Flashcards in judicial short answers Deck (5)
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1

when does the federal court have jurisdiction

1.) if it is the US or one of its agencies
2.) an ambassador or official rep. of the government
3.) if one of the 50 states sues another state
4.) if a citizen of one state sue a citizen from another state
5.) an american suing a foreign government

2

marbury v madison

landmark of US supreme court case
when federalist lost 1800 election they tried to pack the judicial branch with federalist judges
marbury was appointed the justice of the peace and senate confirmed
president adams forgot to sign the proper documents so the new president jefferson denied him the position
marbury sued saying he was denied his rightful job (based on judiciary act of 1789)
USSC ruled unanimously that he could be denied because parts of the judiciary act werent consistent with the constitution

3

writ of certiorari

someone needs to ask the SC to issue one
usually only issued when a question of the constitutionality of a law
if it is denied then the decision of the lower court will stand

4

amicus curiae brief

can be filed by persons or groups who are not actual parties in the case but have an interest in the outcome
interest groups may try to get their opinion heard
the SC doesnt make it unless it asks for it

5

solicitor general

often goes to SC to ask the justices to take certain cases
appointed by the pres so they act as abridge between the pres and SC