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Magruder's American Government Chapter 18

Terms in this set (51)

Why did the Framers see a need for a national judiciary?
They believed the new government needed a way to enforce its laws in a uniform way across the nation.
Identify two provisions that the Constitution makes regarding the federal courts and their jurisdictions.
Possible answers: It creates the Supreme Court; it creates the inferior courts; it gives the federal courts jurisdiction over special cases.
Which courts hear most of the cases in this country, the State courts or the federal courts?
State courts.
Describe the process by which most federal judges are
nominated and approved.
The President nominates federal judges and the Senate confirms the appointments. For most federal judges, the President bases his nominations on the advice of the Senate.
(a) What jurisdiction do the inferior courts have? (b) What kinds of cases do they hear?
(a) The district courts have original jurisdiction over most cases, while the appeals courts have only appellate jurisdiction. (b) They handle nearly all cases tried in the federal courts, except special court cases.
When the Supreme Court's docket became overloaded in the late 1800s, what did Congress do to ease the burden?
Congress created the courts of appeals
In the federal judicial system, what is a circuit?
A circuit is one of 12 geographic areas of the United States that has its own court of appeals.
Where do most of the cases that reach the federal courts of
appeals come from?
The district courts.
How does the Court of Appeals for the Federal Circuit differ from other federal courts of appeals?
It has nationwide jurisdiction.
(a) Why is it so important for courts to have the power of
judicial review? (b) What famous court case established the Supreme Court's right to exercise the power of judicial
review?
(a) Judicial review is vital because it serves as a check on actions taken by all three branches of government. (b) Marbury v. Madison.
(a) What kinds of jurisdiction does the Supreme Court have? (b) What kind of cases does it usually accept?
(a) The Supreme Court has both original and appellate jurisdiction. (b) Most of the cases the Supreme Court accepts are appeal cases from the highest State courts and the federal courts of appeals.
What is the "rule of four"?
The "rule of four" means that four of the nine justices must
agree to put a case on the Supreme Court's docket before the case is heard.
If the Supreme Court decides not to hear a case, what then
becomes the final result (decision) in that case?
The decision of the lower court stands.
Describe how oral arguments are presented before the
Supreme Court.
Lawyers from both sides of the case present oral arguments in public sessions. Each lawyer has 30 minutes to present his or her side, and typically focuses on the major points made in written briefs.
(a) Who creates the special courts? (b) Why have they been created?
(a) Congress. (b) They are created to address cases that involve only certain expressed powers of Congress.
Under what circumstances can an American citizen sue the
United States?
A citizen can sue the United States only if Congress has declared that the United States is open to suit. In that case, the citizen takes his or her plea to the Court of Federal Claims.
What kind of claims are heard by the Court of Appeals for
Veterans Claims?
This court hears appeals from the decisions made by the Department of Veterans Affairs. In such cases an individual claims that the VA has denied or mishandled claims for veterans' benefits.
inferior courts
The lower federal courts, beneath the Supreme Court
Jurisdiction The authority of a court to hear a case
Jurisdiction The authority of a court to hear a case
Exclusive jurisdiction
Cases that can only be heard in federal courts
Concurrent Jurisdiction
Concurrent Jurisdiction Federal and State courts share the power to hear the cases
Plantiff
Person who files suit
Defendant
the person who the complaint is against
Original Jurisdiction
Original Jurisdiction A court in which a case is first heard has
Appellate Jurisdiction
Appellate Jurisdiction A court who hears a case on appeal from a lower court has...
Criminal Case
Criminal Case A case where a defendant is tried for committing some action that Congress has declared by law to be a federal crime
Civil Case
Civil Case Case that involves some noncriminal matter
Docket
List of cases to be heard
En banc
En banc All of the judges for that circuit participate
Judical Review
Power of the Supreme Court to decide the constitutionality of an act of government
Writ of certiorari
Writ of certiorari An order by the Court directing a lower court to send up the record in a given case for review
Certificate
Certificate Lower court asks the Supreme Court to certify the answer to a specific question in the matter
Majority Opinion
The Court's decision in a case
Precedents
Examples to be followed in similar cases as they arise in the lower courts or that reach the Supreme Court
Concurring Opinions
Justices can write this to add or emphasize a point that wasn't made in the majority opinion
Dissenting Opinion
Justices who do not agree with the Court's majority opinion may write this
· Why did the Constitution create a national judiciary?
· The Framers created the national judiciary in Article III of the Constitution.
· What is the structure of the national judiciary?
· There are two court systems in the United States: the national judiciary that spans the country, and the courts run by each of the 50 States.
· What criteria are used to determine i the jurisdiction of a federal court case?
· The Constitution created the Supreme Court and left Congress to establish the inferior courts—the lower federal courts. There are two types of federal courts: (1) constitutional courts and (2) special courts.
How are federal judges appointed, and what are their terms and salaries?
...
· What are the roles of federal court officers?
...
· Jurisdiction is defined as the authority of a court to hear (to try and to decide) a case.
...
· Article III, Section 2 of the Constitution provides that the federal courts may hear a case because either:
(1) the subject matter or
(2) the parties involved in the case.
Types of Jurisdiction
Exclusive and Concurrent Jurisdiction
Original and Appellate Jurisdiction
Exclusive and Concurrent Jurisdiction
· Some cases can only be heard in federal courts. In that case, federal courts have exclusive jurisdiction.

· Many cases may be tried in a federal court or a State court. In such an instance, the federal and State courts have concurrent jurisdiction.
Original and Appellate Jurisdiction
· A court in which a case is first heard is said to have original jurisdiction over that case.
· A court that hears a case on appeal from a lower court has appellate jurisdiction over that case.
· The Supreme Court exercises both original and appellate jurisdiction.
Appointment of Judges
· The power to appoint judges to federal courts falls on the President.
· The President nominates Supreme Court justices, as well as federal court judges, who are then subject to the approval of the Senate.
· Most federal judges are drawn from the ranks of leading attorneys, legal scholars and law school professors, former members of Congress, and State courts.
Terms and Pay of Judges
· Judges appointed to the constitutional courts, including the Supreme Court, are appointed for life.
· Judges of constitutional courts may only be removed by their own will or through impeachment. Only 13 federal judges have ever been impeached, and of them, seven were convicted.
Terms and Pay of Judges
· Judges who sit in the special courts are appointed for terms varying from 4 to 15 years.
· Congress determines salaries for federal judges.
Court Officers
Federal judges have many levels of support in order to fulfill their roles:
· United States magistrates are appointed by each federal district court judge to handle duties ranging from issuing warrants to setting bail in federal criminal cases.
· Each federal district judge appoints one bankruptcy judge for their district.
Court Officers
· The President nominates, and the Senate approves, a United States attorney for each federal judicial district.
The President and the Senate also select a United States marshal to serve each of the district courts. Marshals act much like county sheriffs in regard to federal
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