article three

what are the roles of the federal district courts

-criminal and civil -og jurisdiction -94 of them (one in each state and 3 in Florida)

What is Orginal Jurisdiction?

-first case -trial - judge and jury -witness and evidence -verdict and sentence

what are the roles of federal circuit court of appeals

-hear both criminal and civil -appellate jurisdiction -can affirm/uphold or can reverse the decision

what do the justices do on the day of a hearing

-hear oral arguments from two sides (each side gets 30 min) -after oral arg. they enter into a conference room to discuss the case and give their opinions (no staff, secrete handshake, each gives views and concerns in order of appointment(CJ goes first then the order of being appointed) then they vote)

What is appellate jurisdiction?

-trial is for fair and not fair -panel or judges -review original case for fairness -ruling -doesn't determine guilt or innocence

How many circuit courts are there?

13 (appellate (blue)) (circuit court of appeals is the first court in the federal system)

How many federal district courts are there?

94 (original (red))

What is a concurring opinion?

a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision.

what are the reasons the sc will take your case

a)settles conflict between lower federal courts or "settling dispute" b) if the case deals with national importance (4 of the 9 justices need to agree to hear it)

what does it mean to affirm/ uphold the decision

agree with district court decision with no violation

what is it called when the CJ assigns opinions to be written

an opinion

how do appellate courts make a new law

because all the lower courts have to follow their decision

what is judicial review

can look at any law passed by congress to see if its constitutional

what are the two types of cases

criminal and civil

what is the 8th amendment protection for

cruel and unusual punishment is limited for punishment for crimes and only kicks in for people with a sentenced prisoner

what does "maybe" in a supreme court ruling mean

it means a yes or no for that specific case but in the future it could be opposite.

what are the four types of opinions

majority, plurality, concurring, and dissenting

what does zero tolerance policy mean

no second chances

what are the two types of jurisdiction

original and appellate

which two opinions normally are accompanied by each other

plurality and concurring

what was the sc opinion on the mental disabilities

the court said under their modern standers if decency, it violates our standers w the 8th amendment to kill ppl with mental disabilities (death penalty)

what is jurisdiction

the power to make legal decisions in judgments area of legal authority

what does reversing the decision mean

the punishment is cruel and violates xyz...(punishment doesn't fit crime and punishment doesn't stand)

what are the qualifications of a supreme court justice

there are none (1.1)

how can the supreme court reverse itself

they can't because there is no higher court

what did the sc say about death and who is should be saved for

they said it should be saved for the worst defenders

how does the sc prepare for a case

they spend hours reading -district court case and decision -the review circuit court decision -the constitution -they then go back and look at precedents -then they read the legal briefs the two parties have filed

What is the Texas v. Johnson case?

when Johnson burned the flag and his case made it to the SC and they said any flag burning crime taken upon district court is protected by the first amendment

What is a majority opinion?

when at least five agree in the result and the reason a)states facts of case b) gives finial opinion c)explains reasoning d) uses precedents

what is a plurality opinion

when at least five agree in the result but not the reason

What is a dissenting opinion?

written by Justices explaining why they oppose the majority opinion

how do you become a supreme court justice

you are nominated by the president and approved by the senate

how do you prove your case is important enough for sc to spend time on it?

you have your lawyer write a petition for a writ of certiorari