POLI 4021 Mid term LSU --- Supreme Court

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POLI 4021 Mid term LSU --- Supreme Court
2012-10-09 20:55:40
POLI 4021 Mid term LSU Suppreme Court

POLI 4021 Mid term LSU---- Supreme Court
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  1. the Roberts Court 
    the nickname for todays supreme court (since 2005)
  2. federalist No. 78
    • how judges should be appointed and how long they should serve and this is what he decided:
    • Defense of the judiciary – said that it was the weakest branch of government Court can execute its
    • rulings
  3. Common law 
  4. precendent 
    A legal rule established by a judicial decision that guides subsequent decisions
  5. Stare Decisis
    Reliance on past decisions or precedents to formulate current decisions that guides subsequent decision "let the decision stand"
  6. Judiciary ACt of 1789 
    Congress sets up the lower federal courts 
  7. Article III of the Constitution
    is where the Supreme Court gets its power
  8. Supreme Court
    • the highest court, has final authority over any decision involving the U.S. Constitution of federal Law.\
    • ·        
    • Supreme court may also review the constitutionality of legistation and actions by state and local government  ( Judicial review)

    Authority to hear cases involving disputes between states, and matters involving forign countries
  9. Judges
    • have tenure during good behavior 
    • Salaries can not be diminished while seving
  10. Judicial Review
    the power of the courts to strick down stature by Congress of the President if deemed unconsitutional

    Not given to the courts by the Constitution, but by the Supreme Court Decision (Marbury v Madison)
  11. Dual Court System 
    Two court systems, state and federal, operating at the same time in the same geographical area
  12. 2 types of laws 
    • Criminal 
    • Civil
  13. Criminal Law
    involves accusations that individuals or groups have violated state statues and should be punished

    EX State v Criminal defendant in trail court or Defendant v state in appelate 
  14. Civil law 
    involves individuals, business, or groups, seeking compensation from those they accusej of violating contracts, causing personal injuries, or property damage
  15. Original Jursitiction 
    the jursitcation of the courts that hear a case first, usually in a trial. Courts of orginal jursitiction decide facts
  16. Trial Courts (state and Federal- Origianl jursitiction)
    • 1) determine facts of a case
    • 2) Typically a jury trial
    • 3) sometimes a bench trail 
  17. Appelate Jurisiction 
    • The power vested in a particularcourt to review and/or reise lower court decisions
    •  They hear matters of law ; make sure errors did not occur
  18. Appellare Court (state and federal --Apellate Jursitication )
    • 1) Correct errors
    • 2) determine matters of law
    • 3) no jury 
    • 4) Groups of judges make decisions
  19. Intermediate Appellate Courts 
    • 1) US court of Appeals in the fed 
    • 2) 11 Circuits (LA 5th)\
    • 3) Intermediate Appellate Courts in some states 
  20. Courts of last REsorts 
    • highest appellate court in the state/ fed
    • US supreme court in fed sysederal system 
    • state supreme court in the states 
  21. Supreme Court Jurisdiction 
    • Original Jurisitction  (Article III)
    •    Cases involving "Ambassadors, public ministers and those         in which the state shall be a party
    • Appelate Jurisdication  (controlled and created by the Supreme Court)
  22. Decision-Making 
    In appelate court groups of judges make decisions 

    In trial courts juries make most decisions and are guides by 1 judge.