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
