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Politics of the United States
Dot 10 Vocabulary
Terms in this set (65)
lower, federal courts beneath the Supreme Court, created by Congress
authority of a court to hear (try and decide) a case
The power "to say the law"
all cases not heard by the federal courts are within the jurisdiction of the....
cases ONLY heard in the federal courts
what type of jurisdiction would a case involving a violation of an act of Congress gall within?
federal and state courts share power to hear cases
cases of diverse citizenship
disputes involving citizens of different States
What is the requirement of a case involving diverse citizenship to be heard by a federal district court?
amount of money involved in a case must be more than $75,000
person who files suit; may bring case to proper state or federal court
person whom the complaint in a case if against; may have trial moved to federal district court
court in which a case is heard for the first time
court in which a case if heard on appeal from a lower court
what type of jurisdiction do federal district courts have?
what type of jurisdiction do courts of appeals have?
what type of jurisdiction does the Supreme Court have?
original and appellate
How is a judge appointed?
the president must name anyone to the federal branch that the Senate will confirm
Federal judges must decide cases in which they interpret and apply provisions of the Constitution or act of Congress. What is the result of this?
They shape public policy
What are the proponents of judicial restraint?
the belief that judges should always try to decided cases on the basis of the original intent of the Constitution and precedent
What is precedent?
Making decisions in a case that are similar to previous cases
Who do people of judicial restraint believe should make the laws?
What is judicial activism?
the belief that judges should act more boldy, and that law should be interpreted and applied to ongoing changes
What does it mean to say "the judges shall hold office during good behavior?
that judges of the constitutional courts are appointed for life until they resign, retire, die, or are impeached
Are special court judges appointed for life?
No, it is dependent on the type of special court
explain the retirement plan congress has set for all federal judges
judges may retire at age 70 with lifetime of full salaries for 10 years of service, or at 65 with lifetime of full salaries for 15 years of service
who may call a retired judge back into court at any time?
The Chief Justice
how many district courts are there?
what does a magistrate do?
appointed for 8 year terms, issue warrants of arrest, decide if a case needs a jury, set bail
each federal judiciary district has at least one...
how long to bankruptcy judges serve and who appoints them, what do they do?
14 years by judges of courts of appeals, bring people charged with federal crimes to trial
Who are the government's prosecutors?
u.s. attorneys and their deputies
Who represent the US in all civil actions brought by or against the government in their districts?
US attorneys and presecutors
The US marshal is similar to a...
what is the job of a marshall?
make arrests in federal criminal cases, hold the accused in custody, keep order
how long do us attorneys and marshals serve?
which court officer would deal with riots, mob violence, terrorist attacks
US attorneys and marhshals
what are the federal trial courts?
US District courts
Which courts were created by the Judiciary Act of 1789?
cases heard in district courts are usually heard by...
a single judge but can be by a 3-judge panal
what type of jurisdiction do district courts usually have?
What types of cases do they deal with?
criminal and civil
what is a criminal case?
case in which a defendent is tried for committing an act declared against the law by Congress
what is a civil case?
involves noncriminal matter
which cases regularly use grand juries to indict defendents and petit juries to try defendents
Why were the courts of appeals created by Congress in 1891?
to relieve the Supreme Court of the burden of hearing appeals from the district courts
list of cases to be heard by a court
how many courts of appeals are there now?
how many circuit judges sit on the appellate courts?
Besides a circuit judge, who is also assigned to an appellate court?
Supreme Court Justice
what does "en banc" mean?
a case involving all the judges for a particular circuit
What type of jurisdiction do the courts of appeals have?
If a case is not finally decided in the court of appeals where if the last place it could possibly go?
What is the Court of International Trade?
A court dealing with civil cases arising from tariff and trade-related law
Where do appeals from the court of international trade go?
Court of appeals for the federal circuit
What type of jurisdiction do the courts of appeals for the circuit have?
appellate and nationwide
Which is the only court created by the Constitution?
The Supreme Court (As stated is article III, Section I)
Whose office is established in the Constitution for the Supreme Court?
Chief Justice and eight other associate judges
What is the power of judicial review?
the power to decide the constitutionality of an act of government, whether executive, legislative, or judicial
Which case established the power of judicial review?
Marbury V. Madison in 1803
Explain what happened in the Marbury Vs. Madison case.
before the election of 1800, before Thomas Jefferson's presidential win, President John Adam filled the judicial branch with Federalists. However, when Thomas Jefferson came into office his secretary of state did not deliver their commissions, meaning they would not officially be judges
What two types of cases are heard by the Supreme Court in original jurisdiction?
1. those in which a State is a party
2. Those involving ambassadors, ministers
What are reasons the Supreme Court would not hear a case?
1. it agrees with decision of lower court
2. there is no real point of law to be made
rule of four
at least four of nine supreme court justices must agree that a case should be put on it docket
What happens if certiorari is denied in a case?
the lower court's jurisdiction stands
writ of certiorari
order by a higher court directing a lower court to send up the record in a given case for review; "to be more certain"
method of putting a case before the supreme court when a lower court is unsure of the procedure or rule of law to be applied to a case
when do courts operate?
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