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Politics of the United States
IVKOVICH Government Chapter 18: WORKSHEET
Terms in this set (70)
Under the Articles of Confederation there was NO?
Which Article of the Constitution creates the federal judiciary?
What are the two separate court systems in the United States?
- national judiciary
- state judiciary
Most cases are heard by which court?
The Supreme Court was created under what?
Who were the inferior courts created by?
Constitution Courts (part of inferior courts)
- federal courts that Congress has formed under Art. III to exercise "the judicial power of the US
Examples of Constitution Courts
- Court of Appeals
- U.S Court of International Trade - District Courts
Special Courts (under inferior courts)
- do NOT exercise the broad "judicial Power of the United States"
- They have been created by Congress to hear cases arising out of some of the expressed powers given to Congress in Article I, Section 8
- they hear a much MORE NARROW RANGE OF CASES THAN THOSE THAT MAY COME BEFORE THE CONSTITUTIONAL COURTS
- legislative courts
Examples of Special Courts
- Us Court of Appeals for the Armed Forces
- The US court of appeals for Veterans Claims
- The US Court of Federal Claims
- The US tax Court
- The various territorial courts
- the courts of the District of Columbia
defined as the authority of a court to hear a case; literally means "the power to say the law"
they can be tried only in the federal courts, a case involving an ambassador or some other official of a foreign government cannot be heard in a state court; it must be tried in a federal court
they share power to hear these cases; disputes involving citizens of different states are fairly common. Examples of this type of case; such cases are known in the law as cases in diverse citizenship
a court in which a case is first heard has this, that court, the trial court is often described as "the court of first instance.
a court that hears a case on appeal from a lower court exercises this over that case; do NOT retry cases, they determine whether a trial court has acted in accord with applicable law, HIGHER court
The Constitution says that the ____________________ can name to the federal bench anyone that the _________ will confirm
Where are most federal judges drawn from?
- ranks of leading attorneys
- legal scholars
- law school professors
- former members of Congress
_ state court judges
Presidents regularly look for judges that agree with what?
there own political views
believe that judges should decide cases on the bases of originals intent of the framers or those who enacted the case from which the law came from and the precedent which is a judicial decision that serves as a guide for settling later cases of a similar nature
argues that judges should take into account how social values and conditions may have changed over time when they interpret the law
- serve for life, unless they resign, retire, or die in office
- they may only be removed from office by impeachment
Special Court Judges
- have fixed terms of varying lengths
- usually have a 8-15 year term
Judges receive ________________ which CANNOT be REDUCED during their time in office, and generous retirement benefits.
U.S Magistrate DUTIES
- issue warrants of arrest
- often hear evidence to decide whether or not a person who has been arrested on a federal charge should be held for action by a grand jury
Who are U.S Magistrate APPOINTED BY?
- judges of each of the 94 DISTRICTS
How long are U.S magistrates terms?
- 8 years
Bankruptcy Judge DUTIES
- handle's bankruptcy cases under the direction of the district court with which they are signed
Who are Bankruptcy Judges APPOINTED BY?
- judges of each federal COURT OF APPEALS
How long are Bankruptcy Judges TERMS?
- 14 years
U.S Attorney Duties
- are the government prosecutors
- They work closely with the FBI and other law enforcement agencies
- They bring to trial those person charged with federal crimes
- They also represent the US in all civil actions brought by or against the Federal Government in their districts
Who are U.S Attorney's appointed by?
- President and Senate
How long are U.S Attorney's terms?
- 4 years
U.S Marshal DUTIES
- makes arrests in federal criminal cases
- hold accused person in custody
- secure jurors
- serve legal papers
- keep order in courtrooms
- execute court orders and decisions
How are U.S Marshal's appointed by?
- President and Senate
How long are U.S Marshal's TERMS?
- 4 years
District Courts: BASIC DUTIES
- there are 94 districts
- they hear a wide range of criminal cases and civil cases
- they try criminal cases ranging from bank robbery to tax evasion
What TYPE OF JURISDICTION do District Courts have?
- original jurisdiction
Court of Appeals: BASIC DUTIES
- to relieve the Supreme Court of much of the burden of hearing appeals from the decisions of the district courts
- there are 13 courts of appeals
What TYPE OF JURISDICTION does the Court of Appeals have?
- appellate jurisdiction
Court of International Trade: BASIC DUTIES
- has 9 judges and is a federal trial court
- it tries all civil but not criminal cases that arise out of the nations customs and other trade related laws
What TYPE OF JURISDICTION does the Court of International Trade have?
- nationwide jurisdiction of all civil actions arising out of the customs and international trade laws of the US
Court of Appeals for the Federal Circuit: BASIC DUTIES
- purpose is for centralizing and speeding up the handling of appeals in certain types of federal civil cases
What TYPE OF JURISDICTION does Court of Appeals for the Federal Circuit?
- appellate jurisdiction
Which ONE court does the Constitution specifically create?
- the Supreme Court
Who does the Court consist of?
- Chief Justice of the United States (established by the Constitution and associate judges)
Who determines the number of associate justices?
- there are 9 a.judges since 1869
Who was the plaintiff in Marbury v. Madison?
Who was his complaint (M v. M)
Designed as a justice of the peace in the District of Columbia on President Adams last day. When President Jefferson came to office he discovered that Marbury commission and several others have not been delivered. He instructed the Secretary of State not to deliver the commissions. Marbury went to the SC to seek a writ of mandamus to force delivery.
Who was the defendant? (m v. m)
Why was he the target of the suit?
- because he was the PRESIDENT CHIEF OF STATE UNDER PRESIDENT JEFFERSON
What was the plaintiff seeking
- WRIT OF MANDAMUS, A COURT ORDER DIRECTING AN OFFICER OF THE GOVERNMENT TO PERFORM A LAWFULLY REQUIRED DUTY
Why would the Court hesitate to grant that relief?
- The Supreme Court thought it was unconstitutional. Marbury based his suit on the judiciary act of 1789 which congress created the federal court system. The SC determined that the judiciary act was in conflict with Article III of the Constitution. IF IT GRANTED THE WRIT, THE PRESIDENT WOULD ONLY IGNORE THE ACTION
How did the Court sidestep that dilemma?
- IT REJECTED MARBURY'S PLEA BECAUSE OF A SECTION IN THE JUDICIARY ACT WAS IN CONFLICT WITH A PROVISION OF THE CONSTITUTION AND WAS THEREFORE, INVALID
Why do we still study this case today?
- Chief Justice Marshall claimed for the SC the right to declare acts of congress unconstitutional because this laid the foundation for the judicial branches key role in the development in the american system of government.
The Supreme Court has both ______________________________ __ _______________________?
- original and appellate jurisdiction
The Court has?
- exclusive and original jurisdiction over two kinds of cases
Which 2 kinds of cases does Court have?
1. a all controversies involving two or more states
2. all cases brought against ambassadors or other public ministers, but NOT CONSULS
How many judges must agree to hear a case?
- 4 out of the 9 justices
Out of 8,000 Appeals how many are accepted by the Court each year?
- only a few hundred cases
Most cases reached the Supreme Court by _____________________ ?
- Write of Certiorari
A few reach the Court by ____________________?
In the cases were it reached it by using certificate, the Court clarifies a ___________________ ___________ so that a lower court can proceed?
- special question
What are written documents filed with the Court before oral arguments?
The Courts may agree to accept _________ briefs, which are not written by the parties to the case but by those with a stake in the outcome.
- Amicus Curiae
Amicus Curiae is interpreted to _____________..
- friend of the court
Who represents the US in all cases before the Supreme Court and also decides which cases the US will appeal to the Supreme Court?
- the solicitor general
Justices will issue ____________ on a case?
The written opinions of judges have what?
- they have precedents
justices agreeing with the outcome but disagreeing about the reasons may issue ______________ ______________?
- concurring opinion
Justices disagreeing with both may issue ____________ ______________?
- dissenting opinions
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