Chapter 14 – Federal Judicial System – Flashcards

District/trial courts, U.S. Court of Appeals, Supreme Court

Some of its rulings are just as powerful as a law of Congress or an executive order. The judiciary is a political and legal institution The judiciary has considerable discretion in its rulings.

By the President, and confirmed by senate simple majority. Lifetime term, but can be impeached by congress No requirements to be a supreme court justice.

9 members - the chief justice and 8 associate justices. deal with cases related to the Constitution, federal law, and treaties.

authority to hear a certain type of case.

the authority to be the first court to hear a case

reviews cases that have already been heard in lower courts and are appealed to a higher court by the losing party. this is where the supreme court does most of its work.

These courts have the power to review court decisions from a lower court.

the power of courts to decide whether a governmental institution has acted within its constitutional powers and if not, to declare its action void.

a judicial decision that serves as a rule for settling subsequent cases of similar nature.

a request to the lower court to submit a record of the case to the supreme court each year, 8,000 parties apply for certiorari, but the Court grants certiorari to fewer than a 100 cases.

full argument of a case

a committee of district and appellate judges that reviews the needs of the federal judiciary and makes recommendations to Congress

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cases appealed from district/trials courts go to federal courts of appeals. no juries and no new evidence is submitted in an appealed case. decisions are made by a panel of 3 judges who review of the lower court's records.

American states are seen as separate governments each state decides court structure and the method for appointing judges. 95% of the nation's legal cases are decided by state and local courts cases = divorce suits, traffic stops

experience, party loyalty, race/gender

Presidential custom of submitting the names of prospective appointees to senators from the appointee's state for approval

the constitution, legislative statues, legal precedents

laws enacted by a legislative body. example = speed limits are formally written and enacted.

law that governs the activities of administrative agencies of government. example - the department of labor issues laws regarding safe working conditions

holds that the principles of law, once established, should be applied in subsequent similar cases

supreme court decisions are a mix of law and politics

supports and pushes legislation forward with stats, polls, etc.

the constitution should be interpreted in the way that a reasonable person would've interpreted in the time it was written

opposes originalism theory. holds that the constitution is a living document that should be adapted w/ society

judges should rely precedent when making decisions. encourages judges to limit the exercise of their own power. judges should hesitate to strike down laws unless they are obviously unconstitutional

refers to decisions made by the supreme court. judicial rulings suspected of being based on personal or political considerations rather than on existing law. Roe vs. Wade was deemed unconstitutional

through majority opinion.

presents the view held by most of the justices who vote with the winning side.

a judge who agrees with the majority decision, but states different (or additional) reasons as the basis for his or her decision.

when a justice on the losing side explains the reason for disagreeing with the majority

lowest federal courts, at least 1 in every state. all criminal and civil cases under federal law are first argued through a district court.

facts of a case limits decision court rulings is binding only on the parties involved.

constitution is the highest law of the land. courts must apply the constitution to case decisions constitutions prevents federal court from issuing a decision except in response to a case

judges cite past rulings to justify decisions.

debate on how to interpret the constitution protects rights and constrains political authority

power to change the number of justices

includes legal disputes involving foreign diplomats and cases in which the opposing parties are state governments.

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presides over the court. same voting power as each other justices.