Studied by 4 peopleprecedent
an ruling on a case that serves as an example for future cases
stare decisis
A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle. The higher court agreed with the lower courts decision so they do not add the case to their docket.
US Circut Court of Appeals type of jurisdiction
appellate jurisdiction only
qualifications for judges
none listed in Constitution
district court
trial courts for the federal system
original jurisdiction
right to hear a case for the first time
appellate jurisdiction
hear cases on appeal from lower courts
# of justices on SCOTUS
determined by congress; currently 9
type of jurisdiction the supreme court has
original, appellate and exclusive
Rule of 4
4 of the 9 justices have to agree to grant cert to a case
writ of certiorari
to make more certain, lower courts send up documents on the case once Rule of 4 was approved
how federal court judges get their jobs
appt by POTUS and approved by senate
litmus test
test the ideological purity of federal court nominees
senatorial courtesy
ask senators from that state or circuit which people to nominate for judges if approved they get a "blue slip"
opinion
ruling of the majority with legal explanation
concurring opinion
agreed with majority opinion but for a different point of law
dissenting opinion
disagreed with the majority and explanation of why
term of a federal judge
for life/good behavior can only be removed by impeachment
Marbury v. Madison
This case establishes the Supreme Court's power of Judicial Review
judicial review
The right of federal courts to declare laws of Congress and acts of the executive branch void and unenforceable if they are judged to be in conflict with the Constitution.
judges sit in panels of 3 on this federal court but the entire panel is larger
U.S. Circuit Court of Appeals
federal courts were created by
Congress
Head judge of the Supreme Court
Chief Justice
lower justices of the Supreme Court are called
associate justices
Current Chief Justice
John Roberts
Article III of the Constitution
Judicial Branch
Petitioner
a person who makes a formal application to a court for a writ, appeals the lower court's decision
respondent
person who claims that the lower court ruled correctly in the case
brief
A written statement by an attorney that summarizes a case and the laws and rulings that support it
Federalist #78
The Judiciary is the least dangerous branch, because the nature of its functions makes it unlikely to threaten the political rights of the Constitution. The founders generally viewed the Courts as legal, not political. Lacks the power of the purse and the power of the sword
How the SCOTUS is insulated from public opinion
appointed not elected, serve life term, only removed by impeachment, salary cannot be lowered during their term
How the legislative branch checks the judicial branch
Creates lower court, approves presidential nominees of members, can change # of justices
How the executive branch checks the judicial branch
who POTUS choses to appoints, not enforce judicial rulings
Note
Flashcard