POLS 206 Exam 3 Part 3 (Courts)
POLS 206 Spring 2015 Texas A&M University Lipsmeyer
Terms in this set (28)
myth of the row
the sense that the court is an imposing institution
How is the 'myth of the row' encouraged?
no cameras are allowed in the SC
has a lot of power in the sense that it is independent and checks other branches
Back in the day, did people want to be SC judges? why or why not?
No, being a SC judge had very little prestige, they had to go out and ride to the courts
Why was the Courts of Appeals created?
in 1890, a SC judge was almost killed because someone lost their case, this gets the attention of Congress, who then creates the Courts of Appeals
How can an unelected branch be democratic?
will have the power to make
lower federal courts
3. SC has
power to create any courts below it
Judiciary Act of 1789
-Congress created federal district courts (lowest level)
What are the 2 types of Jurisdiction and what are the differences between them?
1. Original: SC is the
to hear the case
2. Pellot: appeal up to the SC
FED 78 (Hamilton)
-tries to tackle democratic judicial questions
-fear that the SC will become
Marbury v Madison (1803)
Marbury is supposed to receive a spot in the SC (Justice of Peace) and Marshall was supposed to deliver the good news but he never does! Jefferson was like "uh uh, don't give those stupid Federalists their appointments", so Marbury sues using Judiciary Act to go straight to the SC , Now Marshall is Chief Justice and decides to give the SC the power of Judicial Review over federal acts
1816, SC gives itself power to decide...
as well as federal
Writ of Mandamus
Marbury wanted this document that would tell Madison to give him his appointment
The Federal Judicial Circuits are based off of ______ location and tend to be very biased.
at the appeal courts
What decides whether you have a Federal or State case?
the law that you break
the SC will used a retired federal judge to look into the case (usually dealing with a foreign diplomat or dispute btwn states)
sensei of judges
If you break federal law, what courts will you be in?
A law suit against the federal government is what kind of case?
SC only chooses cases that bring up what?
Amicus Curiae Briefs
friend of the court, briefs telling the SC what you think that they should do
Writs of Habeas Corpus
a way to try to get to the SC, most prominent way that prisoners will try to appeal to the court
What does the court actually do?
Marshall says that their job is to say what the law
2 types of interpretation?
2. Constitutional (SC has to figure out what the Const. has to tell us in relation to those laws
Can the SC self-start cases?
For the SC to take a case, it has to be 'ripe' not 'moot'
-exhausted all of your remedies, last possibility
The SC will only hear cases that are justiciable
-can be decided using legal principles, not political disputes
limited on what they could do, traditionally, court cases were about individuals, Class Action Lawsuits
Class Action Lawsuits
-a group that has a common interest, allowed for the SC's remedies to have a bigger effect
The SC is
_______ on the other branches to enforce its decisions.