Gopo 2d
Original jurisdiction
1st, determine the facts of a case under their original jurisdiction.
Gideon v. Wainwright (1963)
6th amendment right to an attorney; includes all felonies
Point of Fed 78
A judicial branch is necessary; it interprets laws If we do not have a judicial branch to interpret laws that violate our rights then laws will continue to violate our rights Doesn't have the power of the sword or purse Sword = arm of executive, Purse = taxes
Writ of certiorari
A request for the Court to order the records from a lower court to review the case.
Which of the following describes the origin of the United States court system presented in the diagram?
Article III of the Constitution established a Supreme Court, while other federal courts were established by Congress.
Stare Decisis
At least 6 justices must participate in each decision. In case of a tie, the lower court's decision is sustained.
In 1998, Goodyear employee Lilly Ledbetter filed suit against her employer for pay discrimination based on her gender. Though Ledbetter was initially successful, Goodyear appealed the decision and the case went to the Supreme Court. In Ledbetter v. Goodyear Tire and Rubber Co. (2007), the Supreme Court ruled that the Civil Rights Act of 1964 requires that sex discrimination complaints must be made within 180 days "after the alleged unlawful employment practice occurred," which Ledbetter had failed to do. Which of the following actions could be taken to reverse the impact of the decision?
Congress could enact legislation to amend Title VII of the Civil Rights Act.
What is one check the Supreme Court has on the presidency?
Declaring executive orders as unconstitutional.
Describe how cases get to the Supreme Court.
District Circuit, through appeals, Supreme
Describe the federal prosecution and defense system:
Everyone in felony cases has the right to an attorney Burden of proof - the prosection has to bring all the evidence and convince the jury of guilt of some sort Defense Someone is trying to bring up reasonable doubt If there is a hint of you not being guilty there
Describe the structure of the Federal Court system:
Federal District, Court of Appeals, Supreme Court
Senatorial Courtesy
Go to senators of that state and ask if they have a list of potential people who could fill the vacancy for that court position - just lower courts not supreme
In the case Twining v. New Jersey (1908), the Supreme Court held that the Fifth Amendment's protection against self-incrimination is not applicable to the states. In 1964 the Supreme Court overruled the decision in Malloy v. Hogan (1964) and held that the right was incorporated to the states. This scenario illustrates which of the following?
Ideological changes to the Supreme Court can lead to the overturning of precedent.
How do you get rid of federal judges?
Impeach, retire, die
Explain the main differences between judicial activism and restraint:
JA ~ Using their own opinion JR ~ Using the Constitution
What is the role of oral argument in Supreme Court cases?
Justices to ask questions directly of the attorneys representing the parties to the case
Class-action suits
Lawsuits in which a small number of people sue on behalf of all people in similar circumstances.
"If, therefore, the legislature pass any laws, inconsistent with the sense the judges put upon the constitution, they will declare it void; and therefore in this respect their power is superior to that of the legislature." Brutus 15
Marbury v. Madison (1803)
The Federalist No. 78 says, "A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body." In which of the following decisions did the Supreme Court use an argument most similar to the one in The Federalist No. 78 ?
Marbury v. Madison (1803)
Wisconsin v. Yoder (1972)
OMISH IN SCHOOLS ~ first amendment freedom of religion; free exercise clause
Mapp v. Ohio (1961)
PORN IN BASEMENT 4th amendment exclusionary rule, evidence that is obtained illegally can not be used in your trial
Article III of the Constitution
SC serves as the highest court of appeals
In Worcester v. Georgia (1832), the United States Supreme Court ruled that a Georgia law violated the U.S. Constitution. In response to Chief Justice John Marshall's majority opinion, President Andrew Jackson said, "John Marshall has made his decision, now let him enforce it." Which of the following ideas regarding government does President Jackson's statement exhibit? Responses
Since the Supreme Court has no enforcement mechanism, the executive and legislative branches can restrict its decisions by delaying their implementation.
Who represents the government in front of the Supreme Court?
Solicitor General of the United States
The Supreme Court upholds a law passed by Congress as constitutional. The chief justice states in the majority opinion that previous decisions supporting Congress' power to make laws based on the commerce clause of the Constitution were the basis for the decision. Which of the following legal concepts did the chief justice apply in writing the opinion?
Stare decisis
Appellate jurisdiction
The authority of a court to review decisions made by lower courts, mistake
Which of the following factors most likely led to shifts in Supreme Court decision making over time?
The ideological composition of the justices on the Supreme Court shifted to become less liberal over time.
Mcdonald v. Chicago (2010)
The right to bear arms cannot be restricted by the states; 2nd amendment
In Baker v. Carr (1962), the Supreme Court ruled that a state legislature would have to redraw their representative districts in order to comply with the Constitution. Which of the following potential difficulties could have resulted from this decision?
The state legislature could have seen this decision as too controversial, leading to questions about the appropriate level of power for the Supreme Court.
Why are presidential appointments to federal courts so important?
They serve for a lifetime There are only 9 of them Interpretation of laws
In Worcester v. Georgia (1832), the Supreme Court used the power of judicial review established in Marbury v. Madison (1803) to strike down a Georgia state law that regulated the relationship between citizens of Georgia and members of the Cherokee Nation. President Andrew Jackson opposed the decision and challenged the Supreme Court to enforce it. This example illustrates which of the following?
Unpopular Supreme Court decisions can lead to debate about the court's power.
When are opposite party nominations going to happen?
When the OP controls the senate
How can the people limit the unelected judiciary?
Who they vote for president and senate.
Describe the major steps in a case going through the Supreme Court:
Writ of Certiorari Amicus Briefs Oral Arguments Conference Voting Opinions Publication
Precedent
a decision that is a reference to future cases.
Discuss the politics of judicial selection:
appointed by the president but approved by the senate -judges of minority parties usually have a hard time getting approved
Tinker v. Des Moines (1969)
armbands; student speech is protected as long as not disrupted; 1st amendment freedom of speech
Supreme Court will take the case...
broad public significance appeals courts conflicting opinions constitutional issues
Rule of Law
citizens and political leaders are bound by the law
Justiciable disputes
disputes growing out of an actual case or controversy capable of settlement by legal methods.
Civil law
governs relationships between individuals and defines their legal rights
Brown vs. Board of Education (1954)
integration of public schools ; 14 amendment equal protection clause. no separate but equal
Judicial activism
liberal
Defendant
person or institution against whom an action is brought in a court of law.
In forma pauperis
poor person can have his or her case heard in federal court without charge
Engel v. Vitale (1962)
prayer in school; 1st amendment freedom of religion; violates establishment clause b/c not official religion
Solicitor General
represents the federal government before the Supreme Court
Judicial restraint
republican
Amicus curiae
third party to a lawsuit who files a legal brief to raise additional points of view in an attempt to influence a court's decision b/c outcome affects them
Dissenting opinion
written by a justice who disagrees with the majority opinion
Concurring opinion
written by one or more of the justices who agree with the decision but for different reasons than those stated in the majority opinion.
