Supreme Court

Trial Court

A court of original jurisdiction is generally known as a

70

Approximately how many decisions did the Supreme Court issue last term?

Supreme Court to determine the constitutionality of actions of actions of legislative and executive branches

As it exists in the US, judicial review is the power of

1. SCOTUS: original and appellate jurisdiction (mostly appellate) 2. US Court of Appeals: appellate jurisdiction...no witnesses, only attorneys, determines if fair trial 3. Federal District Courts: original jurisdiction..."trial courts"

Structure of Federal Judiciary

1. State Supreme Court 2. State Court of Appeals 3. State Superior Courts

Structure of State Judiciary (because of Federalism and concurrent powers)

an amicus curiae brief

When an organization files a brief or argument with the SC in a case in which it is not a party in order to influence the Court's decision, it is called

6

The original size of the Supreme Court was

Review the legal procedures from trial courts to ensure due process of law

Appellate courts usually

a majority vote of the Senate

A US Supreme Court justice is nominated by the Pres and confirmed by

dissenting

A justice who disagrees with the Court decision and wishes to make his/her legal reasoning clear for potential future cases would file which of the following types of opinion

certiorari

A request from the Supreme Court to order up the records of a lower court case so that the court may review the case is known as a petition for writ of

The federal govt asking party for review, conflicts among circuit courts, involves ideological or policy preferences of justices, involves civil rights or liberties question NOT a large amount of money is at stake

According to political scientists the Supreme Court is most likely to hear a case for all of the following reasons

Supreme Court is only constitutional court, Congress creates all inferior cts

Article III

Judiciary Act of 1789

Basic structure of federal court system was established by

Bill of Rights

Cases heard by the Supreme Court are most likely to involve

1. issues decided differently by lower courts (need uniformity) 2. issue impacts large % of US population 3. Voting rights disputes

Cases taken by SCOTUS include (3)

12 Courts of Appeal, One circuit deals specifically with patents, contracts, and financial claims against the federal government, the appeals court is allowed to review the legal proceedings of a case; no new testimony may be presented, the courts have appellate jurisdiction NOT After a hearing in the appellate system, petitioners have an automatic right to review by the next level court

Characteristics of federal appellate courts

Congress can alter the jurisdiction of the Supreme Court, its decisions can be reversed by constitutional amendments, judges can be impeached and removed from office by Congress, Presidents can pardon those convicted by federal courts NOT house nominates and Senate confirms Supreme Court Justices

Checks on the power of SCOTUS

1. handshake 2. discussion led by CJ 3. vote (initial not official) 4. assignment of opinions

Conference

Congress can decide what types of cases these courts hear

Congress has the power to decide the jurisdiction of lower federal courts. This means that

ability to alter Court's jurisdiction, amending the Constitution to reverse some judicial decisions, passing a law to reverse some judicial decisions, ability to impeach federal judges NOT ability to veto executive orders established by the Supreme Court

Congressional checks on judicial power include all of the following

Constitution is fixed and should be read as is considering only Framer's intent

Doctrine of Original Intent

8,000

During each current court term, approximately how many cases were filed with the Supreme Court

Brown v. Board of Education

Example of judicial activism

suing because something in Constitution, federal law, or US treaty is violated

Federal Question Doctrine

2

How many African-American Justices have served on the US Supreme Court in its history?

4

How many female justices have served on the US Supreme Court in its history

Solicitor General (DoJ)

If US is a party, repped by

lower ct decision stands

If split decision...

the Senate Judiciary Committee

In a federal judicial nomination, before the confirmation vote, which of the following votes on the nomination to recommend or not the nominee

The federal government is the party asking for review of the case

The court is most likely to hear a case under which circumstance?

stare decisis

In court rulings, a reliance on past decisions to formulate decisions on new cases is called

How and whether judges' decisions are translated into actual policy

Judicial implementation is

how public opinion can influence the Supreme Court

Korematsu v US example of

Aere created by Congress for special purposes

Legislative courts

SC will try to avoid direct confrontation with other branches of govt

Marbury v Madison had both legal and political significance. What is political significance?

interest group

Most likely to write amicus curiae brief

There are no constitutional requirements for Supreme Court justices

Qualifications for Supreme Court justices can be found in which section of the Constitution

belief of Ct. that they should not take a case but leave it to elected branches of govt.

Political Question Doctrine

I and III

Political scientists have found that oral arguments before SCOTUS serve several important functions including I allowing media to observe part of court's workings II allowing small segment of public to observe part of Court's workings III forcing lawyers to focus on those arguments the justices are most interested in

written laws

Statutory law

LBJ's appointment of Abe Fortas as Chief Justice

Precedent for judicial filibustering of SCOTUS nominees began with

if four judges say they want to hear case, they grant cert

Rule of Four

the SC could declare an act of Congress unconstitutional, the federal govt may pass any laws necessary and proper to attainment of constitutional ends, the federal law is supreme over state law

Rulings by the SC in Marbury v Madison and McCulloch v Maryland established all the following principles

is the deference a president gives to the preferences of home state senators of the president's party when nominating district court judges in their state

Senatorial courtesy

T

T or F: CJ is constitutional

F

T or F: SCOTUS has enforcement authority

Its decision govern the independent regulatory agency

The US Court of Appeals for the DC Circuit is the second most powerful federal court because

judges would merely find and apply the existing law

The Founders expected that judicial review would be relatively passive because

4

The Supreme Court will hear a case if how many justices vote to do so

The Federalist Papers

The belief that the Supreme Court should have the power of judicial review is included in

judicial activism

The idea that justices should use their power broadly to further justice and change society is called

correct errors of law and procedure from lower courts

The major purpose of the federal circuit courts of appeals is to

a statement of the rationale behind a decision to guide lower courts

The purpose of a written opinion in a Supreme Court case is

broadly interpreted the necessary and proper clause

The ruling in McCulloch v. Maryland

Set by Congress

The size of the US Supreme Court is

due process of law

The term for accepted legal proceedings required under the Constitution is called

jurisdiction

The term for the power to hear and determine a case is called

concurring

When a justice agrees with the decision of the Court but not the legal reasoning behind it, he or she may write what kind of an opinion

ability of the president to appoint federal judges on a temporary basis if Congress is in recess

What are recess appointments

A citizen of one state cannot sue another state in federal court

What does the 11th Amendment say

Judiciary Act (first in 1789)

When Congress wants to change judiciary, they pass

Marbury v. Madison

Which early court case asserted the power of judicial review by finding Congress had erred in expanding the Court's powers?

Religion

Which informal criterium for being nominated to the Supreme Court is less important than it used to be?

declaring an act of the president unconstitutional

Which is judicial check on the executive

e. If the CJ is in majority, he/she will decide who writes majority opinion, but if he votes with the minority, the most senior justice voting with the majority assigns the writing of the opinion

Which is true a. Since 1970 the number of cases filed with Supreme Court and the number of cases the Court decides has increased exponentially b. SCOTUS grants writ of certiorari only if majority of justices vote in favor of doing so c. Solicitor General works in Department of Defense and is responsible for defending any military actions in the federal courts d. Oral arguments, as well as Supreme Court's deliberations and the issuance of opinions, are all open to the public e. If the CJ is in majority, he/she will decide who writes majority opinion, but if he votes with the minority, the most senior justice voting with the majority assigns the writing of the opinion

Solicitor General

Which of the following individuals argues a case involving the US in the SC

Court of Military Appeals

Which of the following is a legislative court

b. Robert Bork

Which of the following nominees was NOT confirmed by the Senate largely as a result of lobbying by outside interests? a. Clarence Thomas b. Robert Bork c. Harriet Meiers d. Alberto Gonzales

they depend on other institutions of govt. for enforcement

Which of the following statements about SCOTUS decisions is true

d. The power of the courts to review acts of other branches of government is called judicial oversight

Which of the following statements is false? a. Americans have been raised to think of the federal courts as above politics b. Alexander Hamilton believed that SCOTUS was least dangerous branch c. According to Article III, salaries of federal judges cannot be reduced while they are serving on the bench d. The power of the courts to review acts of other branches of government is called judicial oversight e. John Marshall is considered by most to have been the greatest justice to ever serve on the Supreme Court

Solicitor General

Which office has been referred as the Court's "ninth and a half" member?

e. Interest groups are forbidden from trying to influence federal courts

Which statement false a. Supreme courts referenced by name of CJ b. bulk of judicial work takes place in district courts c. state court systems hear more cases than does federal court system d. US Court of Appeals for Ninth Circuit must follow precedents established by SCOTUS e. Interest groups are forbidding from trying to influence federal courts

It would make judges more independent and free from political pressures

Why did the Framers include life tenure for federal judges?

request to have SC review case

Writ of Certiorari

judicial activism

if SCOTUS takes political case could be charged with

prisoners don't have to pay to appeal

in forma pauperis

SCOTUS has right to choose what cases it will hear. Ct of Appeals has some discretion

judiciary discretion

very important cases

landmark cases

no engagement in politcal dispute

nonjusticiability

right to bring case

standing

let decision stand, follow precedent

stare decisis

judicial restraint

the ideas that judges should refrain from making policy is referred to as