ch. 18 gov

oral arguments

- 2 cases a day for 2 weeks (10-11 am)M T W - 30 mins for each side - No witnesses, no evidence, no injuries - Petitioner goes first, then the responden

Total number of justices and the titles of the 2

- Chief justice - Associate justice - 9

What are the Inferior Courts

-all of the federal courts beneath the Supreme Court - all of them are/were created by acts of congress

Court of Appeals for the Armed Services

1. # Of Courts: 1 Court. 2. # Of Judges: 5 judges. 3. Type of Jurisdiction held: original jurisdiction. 4. Purpose/Type: sit to review serious court martial convictions of military personnel.

court of appeals for the federal circuit

1. # Of Courts: 1 court. 2. # Of Judges: 12 judges. 3. Type of Jurisdiction held: appellate and nationwide jurisdiction. 4. Purpose/Type: cases heard depend on subject matter; take some pressure off of Court of Appeals; hear cases from all over the country; created to speed up the handling of certain cases.

the court of appeals

1. # Of Courts: 12 circuits. 2. # Of Judges: 179 cases. 3. Type of Jurisdiction held: appellate jurisdiction; jurisdiction over certain districts. 4. Purpose/Type: Gatekeepers to relieve the Supreme Court; do NOT use juries; usually sit in panels of three while hearing the case; uphold or overturn the lower court's decision.

district court

1. # Of Courts: 94 throughout the U.S. 2. # Of Judges: 678 judges. 3. Type of Jurisdiction held: has jurisdiction over its district ONLY; over where the crime/civil infraction occurred; ORIGINAL. 4. Purpose/types: the only courts in the federal system that use juries; handle a majority of the cases.

United States Tax Court

1. # of Courts: 1 court. 2. # of Judges: 12-16 judges. 3. Type of Jurisdiction held: original jurisdiction. 4. Purpose/Type: civil disputes only, NOT criminal; would not be tried for tax evasion here; only over the dispute over the application of tax laws; does NOT deal with tax evasion; interpret tax codes.

Court of Federal Claims

1. # of Courts: 1 court. 2. # of Judges: 16 judges. 3. Type of Jurisdiction held: original jurisdiction. 4. Purpose/Type: ONLY exists if someone is suing the government (the government is ALWAYS the defendant).

Court of Appeals for Veterans Claims

1. # of Courts: 1 court. 2. # of Judges: 9 judges. 3. Type of Jurisdiction held: appellate jurisdiction. 4. Purpose/Type: appeals from Veteran's Administration regarding the denial or mishandling of benefits.

court of international trade

1. # of Courts: 1 court. 2. # of Judges: 9 judges. 3. Type of Jurisdiction held: court may only hear cases involving particular international trade and customs law questions; original AND nationwide jurisdiction. 4. Purpose/Type: can travel from port to port; sit in panels of three; hear civil cases arising out of tariff and trade related laws.

"Rule of Four"

4 justices to agree on the case NOT A CONSITITUIONAL COMMAND, CUSTOM OF THE COURT, ALLLOWS THE MINORITY VOICE TO BE HEARD

All special court judges appointed for

4 to 15 years

Federal courts may hear a case for two reasons

Subjects matter: violation of federal law, interpretation or application of the constitution, us waters Parties involved : us gov, an officer of agency of the US, ambassador of a foreign gov, a citizen suing a citizen of another state

Jurisdiction

authority of a court to hear *(try and decide) a case

Exclusive Jurisdiction

cases heard only in federal system

Concurrent Jurisdiction

cases that can be heard in both state and federal system

4. Writ of certiorari

commonly known as a "cert" - Order by the court directing a lower court to send up the record in a given case for review

Two types of federal courts

constitutional and special

precedent

court decisions on legal questions that guide future cases, it can change Jurisdiction help by the high court, original, appellate, and nationwide

Appellate Jurisdiction

court that has a case on appeal from a lower court , all courts if appeal have this

The Special Courts

do not exercise the broad power of the united states judiciary -hears cases arising out of some of them expressed powers of congress - referred to as the legislative courts

All constitutional court judges appointed for

for life

Constitutional Courts

formed under article 3 to "exercise the judicial power of the United states" Included: the Supreme Court Court of appeals Court of appeals for the federal circuit District court The court of international; trade

Original Jurisdiction -

held by court where case is heard for the first time (the district courts)

The Conference

most Fridays and some Thursdays where the justices consider cases to hear and cases they have already heard

Why is America considered to have a "dual system of courts"?

refers to the 208 national court and the numerous state courts

Majority Opinion

the official opinion of the court - Decision of who writes opinion is determined by seniority

Judicial Review

the power of the courts to determine the constitutionality of gov actions Ex. State laws outlawing abortions State law allowing for the execution of the mentally retarded Native American relocation

Solicitor General

third highest making official in the US department of justice - Appointed by the president with senate confirmation - Argues on behalf of the gov in virtually every case in which the US is a party before the supreme court

Briefs

written by both sides on how the court should decide a case. Cannot exceed 50 pages

Dissenting Opinion

written by justices who do not agree with the official opinion of the court

Concurrent Opinion

written to emphasize a point not made in the majority opinion