US Government Chapter 8
concurrent jurisdiction
Applies when cases involve residents of different states and the amount of money involved exceeds $75,000
An amicus
Are "friend of the court briefs". These are legal briefs prepared by outside parties that have an interest in a case
Grand Jury
Are panels of citizens set up to hear evidence of a possible crime and to recommend whether the evidence is sufficient to file criminal charges
concurrent opinion
Are statements by Supreme Court Justices who agree with the overall conclusion in the case, but stress some different or additional legal reasoning
A brief
Are the written arguments prepared and submitted by each side in the case
dissenting opinion
Are those held by the minority of the justices who do not agree with the ruling in the case. They do not have a direct legal impact on the case. They can however influence future judgments
Public opinion, legislative opinion, executive opinion, desire for impartiality, judicial ideology
Aside from the facts of the case, the law, and the US Constitution, what other considerations often play a part in the decisions of the justices?
5
At least how many justices have to sign a majority opinion?
Wesberry v. Sanders
Established principle of "one man, one vote"
Rescue
If a justice has a conflict of interest in a case, he/she may __________ himself (stay off of the case)
1st Monday in October each year
When does a Supreme Court term begin?
bankruptcy judge
Each federal district judge appoints one ____________ ____________ for their district.
William Howard Taft
Who is the only US President to go on to serve on the Supreme Court after leaving office?
Judiciary Act of 1789 appellate jurisdiction Judiciary Act of 1789, lawsuit
*Decision in Marbury v. Madison* + What gave Supreme Court original jurisdiction in disputes about judgeships? + Article III of the Constitution gives Supreme Court __________ __________ in those cases + Therefore, _______________________, and Marbury's _________ are...UNCONSTITUTIONAL + First time Supreme Court struck down an act of government as unconstitutional
writ of certiorari; 4; Rule of 4 certificate
*How a Case Reaches Supreme Court* + Court will issue a ________ _____ __________ (acceptance of a case) if _____ of the 9 justices wish to hear it + Called the " _______ _____ _____" + Or, court will issue a _____________ if a lower court says they don't know how to decide on it
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*MOST IMPORTANT HISTORICAL CASES*
Jefferson Judgeships Madison Marbury
*Marbury v. Madison* + Adams has just lost to __________ in the election of 1800 + To preserve his legacy, Adams has Federalists in Congress create loads of new ____________ + Adams appoints Federalist party members to all the new positions + Jefferson was very upset + Jefferson ordered __________ not to deliver the commissions + _________, who was to be a judge, sued Madison
US Attorney Grand Jury; jury appeal to a higher court overturn; modify
*Process of a Criminal Case* + Who gathers up all the evidence against you? + Presents it to a _________ _________, 16 to 23 people who decide whether there is enough evidence to indict you + If they vote to indict you, trial begins with a new _______ + If you lose your trial, you have the option to do what? + The higher court does not have to hear your case, they will only take it if there is a significant problem with the lower court decision + Higher courts have the option to ________ or ________ lower court decisions
Sup dude? You started my QuizLIT. Yay for you! It's gonna be a LIT ride.
*SECTION 1: THE FEDERAL COURT SYSTEM*
SUP BRO?! You got through Section 1. You can either take a break or go and watch one of these awesome shows: Stranger Things, The Punisher, Daredevil, Luke Cage, Jessica Jones, 24, Doctor Who, Breaking Bad, Supernatural.
*SECTION 2: LOWER FEDERAL COURTS*
MAH DUDE! You got through Section 2? Good for you! Have you watched one of the shows I mentioned above yet? You should totally watch one of them. Especially Stranger Things or The Punisher. They are LIT, just like this QuizLIT
*SECTION 3: THE SUPREME COURT*
100 or so...
About how many cases per year does the Supreme Court actually agree to hear?
8,000
About how many requests for certiorari does the Supreme Court receive each year?
At least five of the nine members of the court
A majority opinion is signed by at least how many of the nine justices?
(1) the subject matter or (2) the parties involved in the case.
Article III, Section 2 of the Constitution provides that the federal courts may hear a case because either:
True
Congress determines salaries for federal judges. True or False
Schecter Poultry v. US
Constitutionality of Congress Delegating too much power to the Executive Branch
B.)
Courts of Appeals rely on which of the following to decide an appeal? A.) oral evidence from witnesses B.) written briefs and court transcripts C.) new evidence D.) old evidence
Constitution gives federal courts exclusive jurisdiction (the sole right to hear a case) over certain types of cases depending either on the subject matter of a case or the parties involved. Concurrent Jurisdiction refers to cases that fall under both state and federal jurisdiction
Difference between exclusive and concurrent Jurisdiction?
magistrate judge
District Court officials responsible for overseeing some of the early hearings of a criminal trial at which routine matters are carried out, and who may also hear misdemeanor criminal cases and certain civil cases
Criminal, Civil
District Courts hear both _________ and _________ cases
magistrate judges
District court officials who oversee the early hearings of routine criminal cases and misdemeanor cases are called..
WHAAAAAAAT
EXTRA CREDIT QUESTIONS???
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Federal judges have many levels of support in order to fulfill their roles.
independent judiciary; for life
Founding Fathers wanted what kind of judiciary? So judges appointed to the constitutional courts, including the Supreme Court, are appointed for how long?
Framers, Article III
From Where Do the Court's Jurisdiction Come? - The __________ created the National judiciary in _______________ of the Constitution
First, the court typically hears only a few cases each year in which it has original jurisdiction The most common way for a case to come to the Supreme Court is on appeal from a federal court of appeals A less common route to the Supreme Court is through the highest state courts
From which three categories does the Supreme Court choose its cases?
C.)
How could Congress check the power of the Supreme Court? A.) It could dissolve the court B.) It could refuse to appoint new justices C.) It could pass a law that changes an act that the court declared unconstitutional to be constitutional D.) It could overturn a court decision
A judge who respects precedent subscribes to the idea of "stare decisis" which means "let the decision stand" in Latin. That is, the judge is likely to rule based on precedent rather than overturn earlier decisions.
How is legal precedent related to the idea of stare decisis?
13; 12 Regional Circuit Courts and 1 US Court of Appeals for the Federal Court
How many Court of Appeals (Appellate Courts) are there?
94 judicial districts
How many US District Courts (Trial Courts) are there?
13
How many appellate court circuits are there?
94 Districts divided geographically
How many district courts are there and how are they divided?
94
How many federal district courts are there?
9
How many justices currently serve on the Supreme Court?
Exclusive
If a case involves interpreting the Constitution, federal courts have _______________ jurisdiction in the matter
appellate jurisdiction
If a case is appealed to a higher court, it moves to a court that has _______________ _________________ - the authority of some courts to review decisions made by lower courts
C.)
If a retired WWII commander decided to sue because he was denied the proper disability payment, he would appear in the... A.) US Court of International Trade B.) US Tax Court C.) Court of Appeals for Veterans Claims D.) US Court of Federal Claims
Marbury v. Madison
Judicial Review comes from what case?
legal precedent
Is an earlier court decision that guides judges decisions in later cases
writ of certiorari
Is an order by a higher court seeking review of a lower court case
judicial restraint
Is the concept that a judge should interpret the Constitution according to the Framer's original intentions
judicial independence
Is the concept that judiciary needs to be kept away from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government
Jurisdiction
Is the courts authority to hear and decide a case
American Bar Association
Is the leading professional organization for the legal community
exclusive jurisdiction
Is the sole right to hear a case
senatorial courtesy
Is the tradition that a Senator from the same state as a nominee to a federal district court and the same political party as the President can block a nomination for virtually any reason
Their own will or through impeachment
Judges of constitutional courts may only be removed by what?
B.)
Judges who serve on courts-martial are... A.) military personnel B.) civilian personnel C.) a mixture of military and civilian personnel D.) Chief Justices
President and Congress have power to appoint and confirm appointments of judges and justices. Congress also may impeach judges Congress may alter the organization of the federal court system Congress may amend the Constitution
List three Constitutional checks on the Judiciary.
You got through the guided reading questions! Good for you. Take a break bro if you haven't and watch one of the shows I mentioned.
MR. BARTHS NOTES
Ya, that's right. There's more questions.
QUESTIONS FROM BOOK
leading attorneys, legal scholars and law school professors, former members of Congress, and State courts.
Most federal judges are drawn from the ranks of what kind of professions?
original jurisdiction
The court that first hears a case has authority over it
13; 7
Only how many federal judges have ever been impeached? And of them, how many were convicted?
Federal courts, state courts
Remember federalism? - There are __________ ________ for federal law, and ___________ _________ for state laws!
Neil Gorsuch - Appointed: Trump, 2017 - Age: 50 - Strong Conservative + Anthony Kennedy - Appointed: Reagan, 1988 - Age: 73 - Swing Vote (Usually Conservative) + Clarence Thomas - Appointed: Bush, 1991 - Age: 61 - Strong Conservative + Ruth Bader Ginsburg - Appointed: Clinton, 1993 - Age: 77 - Strong Liberal + Stephen Breyer - Appointed: Clinton, 1994 - Age: 71 - Liberal + Samuel Alito - Appointed: Bush, 2006 - Age: 60 - Conservative + Sonia Sotomayor - Appointed: Obama, 2009 - Age: 55 - Strong Liberal + Elena Kagan - Appointed: Obama, 2010 - Age: 50 - Liberal
Rest of the Nine justices?
Plessy v. Ferguson (1896)
Said segregation was constitutional as long as both races had equal facilities
original and appellate jurisdiction
Supreme Court has what kind of jurisdiction?
Marshals
The President and the Senate also select a United States _________ to serve each of the district courts. ____________ act much like county sheriffs in regard to federal crimes.
Supreme Court Justices; federal court judges; Senate
The President nominates _____________ ___________ ___________ , as well as ___________ __________ __________, who are then subject to the approval of the _____________.
United States attorney
The President nominates, and the Senate approves, a _________ _________ ___________ for each federal judicial district.
appellate jurisdiction
The Court of Appeals have what kind of jurisdiction?
judicial review
The Supreme Court has power of what?
judicial activism
The concept that the Constitution should be interpreted more broadly, as an evolving document, something that subsequent generations can interpret consistent with changing values and circumstances
The "Court of Last Resort"
The Supreme Court is also known as what?
Constitution, Congress, inferior (1) constitutional courts and (2) special courts.
The _____________ created the Supreme Court and left ___________ to establish the ___________ courts—the lower federal courts. What are the two types of federal courts?
judicial activism
The idea that judges can adapt the meaning of the Constitution to meet the demands of changing realities is called....
The President
The power to appoint judges to federal courts falls on who?
senatorial courtesy
The practice in the U.S. Senate of confirming only those presidential appointees approved by both senators from the state of the appointee, or by the senior senator of the president's party
US vs Nixon
There are limits to a President's claim of executive privilege
United States magistrates
These Court Officers are appointed by each federal district court judge to handle duties ranging from issuing warrants to setting bail in federal criminal cases.
US Marshal
This person's job is to provide protection at federal courthouses. They also transport prisoners, help track down and arrest people accused of crimes, and provide protection to witnesses in federal cases
US attorney
This person's job is to represent the US government in federal court. When a person is charged with a federal crime, for example, this person acts as a prosecutor
Majority opinion
This represents the Court's actual ruling in the case
principal trial courts evidence; witnesses attorney; justices opinions; opinion
Trial Process at Supreme Court + Trial does not function like what? + No "___________" presented, or __________ questioned, etc. + Rather, one ________ for each side presents his arguments for 30 minutes, while being questioned by _________ + Once arguments are over, justices will write __________ on the case, and each justice chooses which _________ to sign his/her name to
original jurisdiction
U.S. District Courts have what kind of jurisdiction?
Marbury v. Madison
What Supreme Court Landmark Decision established the principal of judicial review?
Exclusive Jurisdiction Concurrent Jurisdiction Original Jurisdiction Appellate Jurisdiction
What are the 4 types of Jurisdiction?
No specific requirements but most have been trained lawyers
What are the Constitutional requirements for being a federal judge?
No formal requirements for the job of the Supreme Court Justice
What are the Constitutional requirements for being on the Supreme Court?
District Courts -> Court of Appeals -> Supreme Court
What are the Three Major Steps in the Federal System?
Background in law. Most have served as federal judges. A few have served as state governors, as judges on state courts, or in various other government posts
What are the informal requirements for being on the Supreme Court?
Determine whether a law has been broken and what penalties can be applied Decide how to provide relief for those who have been harmed by the actions of another They determine the meaning of a particular law or of the Constitution itself
What are the three basic tasks that the courts perform?
district courts, circuit courts, and the Supreme Court
What are the three tiers, from lowest to highest, of the federal court system?
the national judiciary that spans the country, and the courts run by each of the 50 States.
What are the two court systems in the United States?
Legal Expertise, Party affiliation, and judicial philosophy
What are three of the four considerations a President has to think about when nominating a Supreme Court Justice?
Legal Expertise, party affiliation, a judge's judicial philosophy, and the approval of the Senate
What four factors do President's typically take into consideration when nominating federal judges?
courts-martial
What is a military court hearing called?
B.)
What is a writ of certiorari? A.) a written argument prepared and submitted by each side in a case B.) an order seeking review of a lower court's case C.) a carefully worded exploration of the major issues, precedents, and legal reasoning behind a decision D.) an opinion written that disagrees with the majority opinion
D.)
What is an "en banc" review? A.) a case reviewed by an appeals court B.) a case reviewed by the Supreme Court C.) a case reviewed by a lower court D.) a case reviewed after appeal by a larger group of judges
district courts
What is the lowest level of federal courts?
They hear cases on appeal from the district courts within their circuit. They also hear appeals from various administrative agencies of the federal government
What is the purpose of the appellate courts?
To interpret and define law This involves hearing individual cases and deciding how the law should apply
What is the role of the Judicial Branch?
Has issued reports on the integrity and professional competence of federal judicial nominees. The reports refrain evaluating a nominees judicial philosophy or party affiliation
What role does the American Bar Association play in the selection of judicial nominees
appellate jurisdiction
What type of jurisdiction do the federal appellate courts have?
They serve as trial courts of the federal system which means they have original jurisdiction over nearly all the criminal and civil cases heard in the federal system
What type of jurisdiction do the federal district courts have?
original and appellate jurisdiction
What types of jurisdiction does the Supreme Court have?
Article III
Which Article of the US Constitution outlines the structure of the Federal Court System?
Marbury v. Madison
Which Court case asserted the Supreme Courts power of judicial review?
The Senate
Which group must approve a nominee to the Supreme Court?
Plessy v. Ferguson
Which landmark decision by the Supreme Court helped perpetuate segregation in the South by ruling that "separation of the races did not imply inequality"
B.)
Which of the following do most federal court judges have in common? A.) political party association B.) legal training and expertise C.) belief in judicial restraint D.) nominated by Senators
Begins with Senate Judiciary Committee then *The Senate* confirms it
Who confirms a President's nominee to the Supreme Court?
Congress
Who establishes the federal district courts?
Chief Justice John Roberts - Appointed: Bush, 2005 - Age: 55 - Conservative
Who is the Chief Justice?
B.)
Why did Franklin Roosevelt decide to put more justices on the Supreme Court? A.) to strengthen the judicial check on the executive B.) to prevent the court from declaring his laws unconstitutional C.) to reward supporters of his election with government positions D.) to strengthen the judicial check on Congress
It's important because it can become the logic for a future group of justices to overturn this decision
Why is a dissenting opinion important?
D.)
Why might a justice write a concurring opinion? A.) to disagree with the majority opinion B.) to overturn the decision given by the majority opinion C.) to clarify the majority opinion D.) to stress a different or additional legal point than the majority opinion
Gibbons v. Ogden (1824)
allowed Congress to regulate all commercial interactions under "commerce clause"
McCulloch v. Maryland (1819)
allowed Congress to use implied powers under "necessary and proper clause". The power to Tax is the power to destroy
Appellate Jurisdiction
court can only hear a case on appeal
Original Jurisdiction
court is the first one to hear a case
Marbury v. Madison (1804)
established precedent of judicial review
Concurrent Jurisdiction
federal or state court could hear
Majority Opinion
final decision on the case; Becomes precedent for how future similar cases should be decided
Supreme Court
highest court in the country
District Court
is the principal trial court in the system (first trial for the vast majority of federal cases)
Exclusive Jurisdiction
only federal court has authority to hear, state court cannot
Brown v. Board of Education (1954)
overturned Plessy decision on the grounds that "separate is inherently unequal"
Dred Scott v. Sanford (1857)
people of African descent imported into the U.S. were not and could never be considered citizens (pushed U.S. closer to Civil War due to outcry after the case)
Jurisdiction
the authority of a court to hear (try and decide on) a case
Judicial Review
the power to declare acts of government unconstitutional, thus eliminating them
Concurring Opinion
written by a justice who votes with the majority, but disagrees with their reasoning as to why
Dissenting Opinion
written or signed by any justice who disagrees with the majority
