AP Gov. Federal Court System

Quote on monument from Marbury v Madison:

"It is emphatically the province and duty of the judicial department to say what the law is."

What does Stare Decisis mean, literally?

"let the decision stand"

Majority opinion:

"the opinion of the court," this is the law of the land

What are the courts of appeals?

- Appellate courts authorized to review all district court decisions

The 4 characteristics of the federal court system:

- adversarial - passive - jurisdiction - complex dual court system

How is the SCOTS aware of public opinion?

- appointment and confirmation process - congress and state legislatures can amend the constitution - congress can change the supreme court's appellate jurisdiction - congress can change the number of justices on the court - justices can be impeached

What did the Judiciary Act of 1789 do?

- established the basic three-tiered structure of federal courts that exists today - set the size of the Supreme court at 6 justices, which was later expanded to 9 in 1869

How does the Constitution insulate the SCOTUS justices from politics pressures?

- justices are appointed to serve life terms, subject only to good behavior - salaries cannot be reduced - the certiorari process enables them to set their own agenda - public has limited access to court proceedings

Advocated of judicial restraint argue what?

- that SCOTUS should use precedent and the Framers' original intent to decide cases - that the Supreme Court should defer to the elected institutions of the government

Advocates of judicial activism argue that:

- the feral courts must correct injustices when other branches of government or states refuse to do so - point to Brown v. Board as an example of how this case promotes social justice

The Supreme court exercises original jurisdiction in cases involving the following:

- two or more States (aka diversity cases) - the US and a State government - the US and foreign ambassadors and diplomats

Supreme court confirmation process:

1. names sent to FBI for background check 2. names sent to ABA for professional rating 3. interest groups hold protest demonstrations, appearances on TV and radio, media advertisements, editorials, and emails to senators 4. senate judicial committee holds public hearings on each Supreme Court nominee, then makes a recommendation to full senate

How many court systems does the US have and why?

2 because of federalism

How many cases do the district courts handle a year and what percentage is this of the federal caseload?

300,00 cases, about 80% of the federal caseload

How many justices have to agree for the SCOTUS to grant writ?

4

For a case to be heard on appeal, how many judges must agree to hear the case? What is this called?

4; Rule of Four

Who is the solicitor general?

4th ranking member at the DOJ

Approximately how petitions do SCOTUS clerks screen each term?

9,000

How many district courts are there and how many judges are staffed?

94 courts, under 700 judges

What does precedent mean?

A decision cannot be overturned until the judges do it themselves

Who ran in the election of 1800?

Aaron Burr, Jefferson, John Adams, Charles Pickney

Who wrote in what that the judiciary would be the least dangerous branch of the government?

Alexander Hamilton in The Federalist 78

Where in the Constitution is the Supreme Court mentioned?

Article III, Section 1

What justice is known to encourage discussion in the closed meetings held on Friday?

Chief Justice Roberts

What two judges are known for their particular adherence to the principle of judicial restraint?

Clarence Thomas and Antonio Scalia

SCOTUS is the final arbiter of the:

Constitution

What is a time when a president appointed someone who he THOUGHT shared similar policy preferences as him, but turned out to be wrong?

Eisenhower and Warren Court

Examples of times when the president chose nominees who shared similar policy preferences:

FDR appointed justices who supported his New Deal programs; Ronald Reagan appointed justices who were sympathetic to his conservative goals

Precedent in Baker v Carr.

In this case, the SC established the principle of one person, one vote. In Wesberry v. Sanders, the Court applied this principle to congressional districts

Why is the judiciary passive?

It depends on others to take the initiative

Why did Hamilton call the judicial branch the least dangerous?

It was based on the third branch lacking "the power of the executive branch and the political passions of the legislature" - this branch has no army to enforce its rulings and no bully pulpit to enrage the citizenry

Who is our solicitor general now?

Noel Francisco

Example of when court overruled previous decision:

Plessy v. Ferguson permitted segregation if the facilities were "separate but equal." The court reversed in ruling in Brown v. Board, declaring that "segregation is a denial of the equal protection of laws. (14th amendment)

How does the court of appeals work?

Receive appellate briefs from each side (appealed and appellee), and then have oral arguments from each side

Example of SCOTUS clerk:

Ted Cruz, first Hispanic clerk for SCOTUS, clerked for William Rehnquist

What is the only court mentioned in the Constitution?

The Supreme Court

How can there be courts other than the Supreme Court if they are not in the Constitution?

The constitution gives Congress the power to create all other federal courts

In a hearing, each party is required to file this.

a brief

Adversarial court:

a court provides an arena for two parties to bring their conflicts before an impartial arbiter, or judge

What is a brief?

a detailed written statement, arguing one side of a case; they cite relevant facts, legal principles, and precedents that support their arguments

What should supreme court cases involve?

a serious constitutional issue or the interpretation of a federal statute, action or treaty

Interested persons and groups that are not actual parties to the case may file what kind of briefs?

amicus curiae (friend of the court)

What is writ of certiorari?

an order by the Court directing a lower court to send up the record in a given case for its review

courts that hear cases brought to them on appeal from a lower court

appellate jurisdiction

How are judges selected?

appointed by the president and confirmed by a majority vote in the senate

Describe what happens during oral arguments.

attorneys are allowed exactly 30 minutes to present their case

How do appellate cases reach the Supreme Court?

by a writ of cert

Who presides over the Friday meetings?

chief justice

Supreme court nomination criteria:

competence; ideology and policy preferences; race, ethnicity and gender

cases that can be heard in either a federal or state court

concurrent jurisdiction

The certiorari process enables the Supreme Court to do what

control its own caseload

What kind of cases attract a large number of amicus curiae briefs?

controversial issues such as an affirmative action and abortion

What are the courts of appeals empowered to rule on?

decisions of federal regulatory agencies such as the Federal Trade Commission

Who is the one being charged, the plaintiff or the defendant?

defendant

Who are SCOTUS clerks?

exceptional law school graduates who have experience clerking for a judge on one of the courts of appeal

cases that can be heard on in certain courts

exclusive jurisdiction

Minority/ dissension opinion:

expresses a point of view that disagrees w/ the majority opinion; have no legal force or standing

T/F: Only some SCOTUS decisions are based on precedents established in earlier cases

false, a majority are

This judiciary system spans the entire country.

federal judiciary system

The Constitution restrains federal judges from doing what?

from deciding on hypothetical disputes; they must decide on actual cases

What is the solicitor General responsible for?

handling all appeals on behalf of the US government to the Supreme Court

SCOTUS diversity:

has had two African American justices, 4 female justices, and its first Hispanic justice

What does the court of appeals NOT do?

hold trials or hear testimony

When do the justices discuss each case?

in a close meeting held on Friday

Judicial activist

judicial activism

Strict constructionist:

judicial restraint

the court's authority to hear a case

jurisdiction

SCOTUS is America's "court of....

last resort."

Types of opinions:

majority, concurring, minority or dissenting

Precedent helps make Supreme court what?

more uniform, predictable and efficient

How do most cases end in the district court?

most end in a plea bargain negotiated by the defense and protection; only 2% are decided by trials

Does the Constitution specifically say how many judges should preside in the Supreme Court?

no

Supreme court nomination criteria: competence

nominees should've impressive credentials, including prior judicial or government experience

Study more details on Marbury v. Madison.

ok

Watch video on the Warren Court.

ok

Study the court hierarchy:

okay

Are oral arguments private or open to the public?

open to the public

The Supreme Court is given what jurisdiction by the US Constitution?

original and appellate jurisdiction

courts in which a case is first heard

original jurisdiction

Types of jurisdiction:

original, appellate, exclusive, concurrent

In the adversarial court, what are the two parties called?

plaintiff and defendant

What do Supreme court decisions establish that are binding on the entire nation?

precedent

a legal case that establishes a principle or rule

precedent

What important role does the Solicitor General play?

role in influencing the Court's decision on which cases to hear

an unwritten tradition whereby the Senate will not confirm nominations for lower court positions that are opposed by a senator of the president's own party from the stat in which the nominee is to serve

senatorial courtesy

When selecting a judge, a president should choose someone who:

shares the president's policy preferences

Over 97% of all criminal cases are heard in which courts?

state and local courts

Concurring opinion:

supports the majority opinion but stresses different constitutional or legal reasons for reaching the judgement

SCOTUS reviews cases from?

the US court of appeals and state supreme courts

What is the most common way for a case to go to the Supreme Court?

the appellate way

Precedent in Marbury v. Madison:

the court established the principle of judicial review as applied to acts of Congress and the Executive Branch.. In Martin v Hunter's Lessee, the court extended the power of judicial review to overrule state courts

Who brings a charge, the plaintiff or the defendant?

the plaintiff

What was established in Marbury v Madison?

the power of judicial review

What is judicial review?

the power of the Supreme Court to declare federal legislation invalid if the legislation violates the constitution

How often do clerks meet with justices?

they have weekly conference meetings, where they discuss petitions prepared by their clerks

Why are precedents important?

this principle or rule is then used by the court or other judicial bodies when deciding later cases with similar issues or facts

The Court's original jurisdiction generates how many cases a year? What happens to the remaining cases?

two or three; they come under the Court's appellate jurisdiction

Can the court overturn previous decisions, even with precedent?

yes

Does each state has its own system of courts?

yes

Does every state have at least one district court?

yes