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Define Writ of Cert
- Writ of Cert is is an order issued by a higher court to a lower
- court to send up the records of a case to review
What is the structure of the federal court?
- 1.) US District Courts
- 2.) US Court of Appeals (Cicut Court)
- 3.) US Supreme Court.
What is Judicial Review
When the Supreme Court looks over laws and ruling to decided whether they are constitutional or not.
Define Per Curium
Per curium is a brief that is unanimous and isnt signed to prevent the public from knowing how the Court voted. ex. Bush v. Gore.
How can Congress influence the Supreme Court?
Through approving appointment and senetorial courtesy because senators advice the President about appointments, give them information about possible judges, and can blacklist potential judges.
Define amicus curie
Amicus curiae is a Latin term meaning “friend of the court” and refers to interested groups or individuals, not directly involved in a suit, who my file legal briefs or make oral arguments in support of one side.
What is the Supreme Courts stance on political issues?
They dont have a stance in politics and they do their best to avoid it because they dont want to voice their opinion for fear that citizens might think they are biased
What are the importance of briefs?
- A brief is important because it sets forth the
- facts of the case, summarizes the law, gives the arguments for its side, and discusses other relevant cases.
What are briefs?
- A brief is a legal document prepared by an
- attorney representing a party before a court.
What courts focused more on civil and individual rights?
Those courts that came after the Marshall Courts
Describe the Burger court?
The Bruger court was a liberal/republican activist court that is a prime example of a judge apointee going against the president who nominated him
Describe the Warren court
The Warren Court was a liberal activist court that was more progressive and delt more with civil rights.
Describe the Marshall court
The Mrshal court was a mostly conservative court that focused more of the rights of the government (1801-1835)
What is the Litmus test?
The litmus test is a test of ideological purity, a way of finding out whether a person is a dyed-in-the-wool liberal or conservative or what his or her views are on controversial questions
What is the role of the solicitor general?
Argues and petitions before the court
What is the Original jurisdiction for the Supreme Court?
- Cases that..
- Deal with two or more states
- Deal with the US and the state
- Deal with forgein ambassadors/forgein matters and other diplomats
- Deal with the state and citizen of a different state
Describe Court of Appeals
Reviews the final decision of district courts; cases usally reviewed by one judge, unless case is important than it is reviewed en banc (3 judges)
Describe District Courts
Original jurisdiction for cases within their region. Usually a jury tries these cases; one judge
Describe Legislative Courts
Courst set up by Congress for specialized purposes; judges serve fixed terms, easily removed, and have a fixed pay that can be reduced.
What is the purpose of apelate jurisdiction?
Defines law and the Constitution
How many circut courts are there?
11 circut courts
How many district courts are there?
94 district courts
What courts are required by th Constitution?
- Circut Courts
- District Courts
- Supreme Court
What are the Original Jurisdiction of District Court?
- Federal Crimes
- Civil Suite under Federal Law
- Civil suits between citizens of different states
- Orphan Courts
- Maritine disputes***
Name all the Article III Courts
- Supreme Court
- Circut Court
- District Court
- Court of Forgein Trade
Define Judicial Activism
Judicial activism asserts the court has both the right and the obligation to overturn bad precedents and promotes society’s desirable goals; loos interpretation of the Contitution; Constitution is a livin document.
Define judicial restraint
Judicial restraint hold that judicial review should be used sparingly by the Court and the elected officials should make policy decisions; strict construtionist; believes in the stated meaning of the constitution
Where do most petitions come from?
The state side
What is the political background of most Supreme Court judges?
They are lawyers who have previously been federal judges.
Why does the Supreme court depend on the Executive branch?
The president makes appointments and he is the one in charge of enforcing rules.
What does Article III specify?
- Terms of office
- Supreme and inferior courts (Circut and district)
- Sets structure
What are some of the thing that make a case a shoe in to be heard by the Supreme Court?
- The US was a petitioner in the case
- There were more than three amicus curie briefs filed
- There was an actual conflict
- President or Solitor general asks for the case to be taken.
What makes a cases "cert worthy"
- Circut Conflict
- Extraneous Legal Erros in Lower Courts
Who is the attorney general?
The United States Lawyer
When can cases be tried in eitheir courts?
- When sate and federal law have been broken (dual soveriengty)
- Justified- each government has the right to enact laws.
What are federal question cases?
Cases involving US matters.
What are diversity cases?
Cases involving citizens of different states