the federal judiciary

Card Set Information

the federal judiciary
2011-04-16 13:25:13

you Gotta pass this test
Show Answers:

  1. Purpose of Courts

    is to guard the individual freedoms that all citizens have. In the courts, all persons are treated equally. Sometimes people disagree with one another, despite our system of laws. Trials can be the solution of conflicts, but the courts should be used as a last resort.
  2. Types of Jurisdiction

    • Hierarchical, original jurisdiction, appellate jurisdiction: Geographic Subject matter jurisdiction Limited jurisdiction. General jurisdiction: Proprietary Jurisdiction :

  3. Article III Courts

    a court created in accordance with Article III of the U.S.Constitution whose judges have positions for life and cannot havetheir salaries reduced —compare LEGISLATIVE COURT NOTE: The purpose of the salary and position guarantees enjoyedby the judges of Article III courts is to ensure that their decisionsare not influenced by fear of losing their positions or salaries.
  4. Article I Courts

    These are courts created by Congress under its power under Article I of the Constitution, and include:
  5. Federal Trial Courts of Limited Jurisdiction

        1. 1.Spacific types of cases

    2. one judge without a jury

    • 3. EX. Probate , family , Juvenile, Small claims, and Traffic.
  • Federal Trial Courts of General Jurisdiction

    • 1. civil and criminal case
        2. One judge and often a jury.

    • District courts

      1. 456 courts

    • District Courts

    • Courts of Appeals

    • Supreme Court

      • -1 cheif justice (John Robert's conservative justice for the boss )

      • -8 associate justices (Antonin Scalia , Anthony Kennedy, Clarence Thomas, Ruth Bader Ginsburg,Steven Breyer, samuel Alito, Sonia Sotomayor, Elena Kagan)

      • Appointed by the President with the consent of the senate.

    • Justices of the Supreme Court

      -8 associate justices (Antonin Scalia , Anthony Kennedy, Clarence Thomas, Ruth Bader Ginsburg,Steven Breyer, samuel Alito, Sonia Sotomayor, Elena Kagan)
    • Federal Judicial Selection

      According to Article II of the United States Constitution, the President "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint" federal judges. According to Article III, federal judges enjoy life tenure and cannot be removed from office except through impeachment.
    • Supreme Court Original Jurisdiction

      court has the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.
    • Judicial Review

      the power of a court to review a act of congress or other Governmental branches of government and state to determine whether they are constitutional.
    • Appeal as a Matter of Right

    • Certiorari

      • Petition for Writ of Certiorari: (informally called "Cert Petition.") A document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court. It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ.
      • Writ of Certiorari: A decision by the Supreme Court to hear an appeal from a lower court.
      • Cert. Denied: The abbreviation used in legal citations to indicate that the Supreme Court denied a Petition for Writ of Certiorari in the case being cited.
    • In Forma Pauperis

      a party to a lawsuit who gets filing fees waived by filing a declaration of lack of funds (has no money to pay). These declarations are most often found in divorces by young marrieds, or poor defendants who have been sued
    • Certification

    • Rule of Four

      Is a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari.[1] This is done specifically to prevent a majority of the Court from controlling the Court's docket. However, in practice, it may be that a "Rule of Five" is often used at the behest of four justices (who would rather not hear the case than lose it).[1]
    • Legal Briefs

      A legal brief is a document used to submit an argument to a court. Briefs are generally written by lawyers and are intended to persuade the court to rule in your favor on a particular issue.Read more: How to Write a Legal Brief |
    • Oral Argument

    • The Federal Judiciary

    • Opinion Assignment

    • Contents of Supreme Court Opinions

    • Holding

    • Dicta

    • Majority Opinion

    • Concurring Opinion

    • Dissenting Opinion

    • Per Curiam Opinion

      is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least, a majority of the court) acting collectively and anonymously.
    • Plurality Opinion

      is the opinion from a group of justices, often in an appellate court, in which no single opinion received the support of a majority of the court.
    • Models of Judicial Decision Making

    • Legal Model

    • Plain Meaning

    • Original Intent

    • Stare Decisis (Precedent)

      is a legal principle by which judges are obliged to respect the precedents established by prior decisions.
    • Attitudinal Model

    • Strategic Model

    • Restraint

    • Activism

    • Restorationist

    • Marbury v. Madison (1803)

      • supreme court justice John marshal used a dispute over patronage to exert the court's power to declare the acts of congress null and void.
      • It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in the world that a court invalidated a law by declaring it "unconstitutional.