Gov 18 Van Winkle
Terms in this set (59)
the power of a court to hear a case first, before any othger court
the authority of a court to review decisions of inferior (lower) courts
power shared by federal and State courts to hear certain cases
case can only be heard by either federal or state court
writ of certiorari
an order by a higher court directing a lower court to send up the record in a given case for review; from the Latin meaning "to be more certain"
a case involving a noncriminal matter such as a contract dispute or a claim of patent infringement
ex. speed ticket
a case in which a defendant is tried for committing a crime as defined by the law
a method of putting a case before the Supreme Court; used when a lower court is not clear about the procedure or rule of law that should apply in a case and asks the Supreme Court to certify the answer to a specific question
a court's list of cases to be heard
the lower federal courts, beneath the Supreme Court
in civil law, the party who brings a suit or some other legal action against another (the defendant) in court
in a civil suit, the person against whom a court action is brought by the plaintiff; in a criminal case, the person charged with the crime
officially called the Opinion of the Court; announces the Court's decision in a case and sets out the reasoning upon which it is based
written explanation of the views of one or more judges who support a decision reached by a majority of the court, but wish to add or emphasize a point that was not made in the majority decision
written explanation of the views of one or more judges who disagree with (dissent from) a decision reached by a majority of the court
Criminal case in a federal court
bank robbery, kidnapping, mail fraud, terrorism
civil case in a federal court
bankruptcy, postal, tax, public lans, civil rights
criminal case in state court
murder, multiple traffic violations
civil case in state court
traffic violation, lawsuit between two citizens of same state, intrastate disputes
*How often does the Supreme court "grant cert," or issue a writ of certiorari?
Can decisions for the Court of Federal Claims be appealed?
Yes, they go to the Court of Appeals for the Federal Circuit
Did the Articles of Confederation provide for a national judiciary?
What sorts of jurisdiction does the Supreme Court exercise?
original and appellate jurisdiction
How are federal judges appointed?
the judge must be nominated and recommended by the President but must be approved by the Senate
Most cases heard in federal court begin where?
federal district courts
Why is the Supreme Court called the High court?
it is the last court, the final court, the law of the land, the most prestigious court
How is the Court of Appeals for the Federal Circuit different from the other 12 federal courts of appeals
-Court of appeals operates nationwide and typically deals with patent, copyright, and international trade cases
-federal courts of appeals deal with cases just in their districts
Can the federal courts of appeals hear original cases that have not already been heard at lower courts?
Where would you find the term limits for constitutional court judges?
Article III Section I of the Constitution
What duties are performed by U.S. magistrates?
issue warrants of arrest, hear evidence to decide whether person should go in front of grand jury, set bail on federal criminal cases, hear cases minor offenses
Which case established judicial review?
Marbury v Madison
Where are legal cases in Washington, D.C. and other U.S. territories decided?
At federal courts set up in the territories themselves
What is the difference between constitutional and special courts?
-constitutional courts deal with matters involving the "judicial power of the United States"
-special courts deal with cases related to the expressed powers of Congress
In which circumstances would a federal court have jurisdiction over a case?
-hear cases because of subject matter or parties involved
-it is a "federal question" about application of Constitution and maritime law
-Parties: One of the parties involved is the United States or one of its officers or agencies, an ambassador, one of the 50 states suing another state, or resident of another state, citizens of different states suing each other, American citizen suing a foreign government, citizens of same state suing over land claims
Why did the U.S. need a national court system?
"Laws are a dead letter without courts to expound and define their true meaning and operation"
What limit does jurisdiction place on a case?
it limits what court can hear the case and where the case can be heard
What are some of the duties of federal marshals?
make arrests in federal cases, hold accused persons in custody, secure jurors, serve legal papers, keep order in courtrooms, respond to civil disturbances
Do federal district courts ever listen to appeals?
What does judicial review mean?
the power of a court to determine the constitutionality of a governmental action
What are some examples of special courts?
Court of Appeals for the Armed Forces, The court of appeals for Veterans Claims, Court of Federal Claims, The United States Tax Court, The territorial Courts
How long is the term for a judge of the constitutional courts?
The courts of appeals hear cases from which lower courts?
The district courts, some from the tax court, and some from territorial courts
Is the power of judicial review held ONLY by the Supreme Court?
No, the decisions of lower courts also act as precedent and affect how law should be interpreted
What is the procedure for the Supreme Court hearing a case?
1. origination or appeal
2. granting writ of certiorari
3. both sides send in briefs
4. oral arguments
6. vote with majority
7. writing of the opinions
When do federal courts have exclusive jurisdiction over a case?
federal courts have exclusive jurisdiction in cases that may only be heard by them
Why is the court of international trade considered a constitutional court?
-federal trial court, and tries cases that arise out of the nation's customs and other trade-related laws
*How is the independence of the judicial branch ensured?
It is declared as a separate branch in the constitution
How would you describe the state of the judicial system under the Articles of Confederation?
each state makes and interprets their own laws
How does the President have a lasting impact on the judicial branch even after his term?
The president nominates a supreme court judge that the he may like to interpret the law more of his way
What is judicial restraint? provide an example
-judges should decide cases based on the: original intent of the Framers and precedent
-courts should defer to the judgement of the legislative branch and let the majority rule
Why did the Framers provide for a life-long term for federal judges?
to ensure the independence of the federal judiciary so that they might not be swayed by bribes or anything else
The Senate has to approve what appointments (other than federal judges)?
US attorney for each federal district
US marshal for each federal district
*Why do some positions not have to be confirmed by the Senate?
Why are the courts of appeals called "gatekeepers?"
They relieve the Supreme Court of much of the burden of hearing appeals from the decisions of the district courts
What did the Supreme Court rule concerning jurisdiction in Marbury v. Madison?
They said the supreme court had original jurisdiction as well as appellate. They did not need to wait for the case to be heard in lower courts
How does the Supreme Court fit into the system of checks and balances?
-They check other branches by determining constitutionality of the other branches actions
-Supreme Court is checked and balanced because it is an appointed and voted on position, supreme court justices may also be impeached
Why does the Supreme Court adhere to the 30-minute oral argument rule?
Too many cases to hear to go longer than that. They have already read a lot about the case and don't need a long talk
Do dissenting opinions provide a precedent to be followed by the lower courts?
Not in cases that are the exact same as the case just discussed. But potentially in cases that are similar, they may be looked at
Why did Congress establish the Court of Federal Claims?
To hear money claims made against the United States. previously Congress had to make a formal statement in order to pay someone for wrongdoing