Section 1
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Loose constructionist
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Last updated
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Date created
Mar 1, 2020
Cards (61)
Section 1
(50 cards)
Loose constructionist
The view that judges have considerable freedom in interpreting the Constitution
Court of Military Appeals
Highest appeals court for the armed services- decisions from this court of military appeals may be appealed to SCOTUS (albeit rare); hears cases brought from military courts by members of the armed forces convicted of breaking military law
Selection gridlock
-Senate must confirm POTUS nominees or things grind to a halt -Rehnquist chastised Senate for not moving on judicial appointments -Senate inaction was creating workloads that would magnify the problem
Courts of the District of Columbia
Federal district court; court of appeals & local courts to hear civil and criminal cases
Concurring opinion
A Supreme Court opinion by one or more justices who agree with the majority's conclusion but wish to offer differing reasons
Original jurisdiction
The court's authority to hear and decide a case for the first time
Constitutional law
The type of law relating to the interpretation of the Constitution
Grand Jury
A group of people who evaluate whether there is evidence against a person to order him or her to stand trial
US. v. Virginia (lower court conflicting ruling)
Constitutionality of the all-male Virginia Military Institute's policy of not admitting women was the primary issue
Precedent
A judicial decision that is used as a standard in later similar cases
Court of International Trade
Hears civil cases related to tariffs and trade. Created in 1890 and was originally called the United States General appraisers
Marbury v. Madison
Federalist John Adams was a lame duck, lost re-election to thomas Jefferson. Adams feared that Jefferson and his Democratic-Republican party would destroy all the Federalists had worked to established. Adams did everything he could in his final days in office to see that the Federalist stamp not be removed from the presidency. He created 59 Federal Judgeships. Marbury's appointment had been confirmed by the Senate, and Adams had even signed the necessary paperwork. It had not yet been delivered to Marbury when Jefferson became President. At Jefferson's request James Madison, the new secretary of state, refused to deliver the commission. Marbury asked the Supreme Court to force Madison to turn over the documents. Marbury argued that the Judiciary Act of 1789 compelled Madison to do so through the Writ of Mandamus.
Article III
Devoted to the judiciary, consists of three short sections; specifically creates only the Supreme Court and gives Congress the power to create lower federal courts, or "inferior courts"; provides guidelines of the terms of office and compensation of federal judges; create SCOTUS & gives Congress ability to set up "lower: courts
Appellate jurisdiction
The court's authority to hear cases on appeal; if a person who loses a case in a trial court wants to appeal a decision, may take the case to court with appellate jurisdiction
Duties of SCOTUS & Chief Justice
Justices: Deciding which cases to hear from among the thousands appealed to the Court each year, deciding the case itself, explaining the decision, dealing with requests for social legal actions that come from their assigned circuits, presiding over sessions and conferences
Jurisdiction
The right to interpret and apply the law; a court's range of authority
The Thomas controversy
In 1991, President Bush nominated Clarence Thomas, a controversial member of the Court of Appeals for the District of Columbia as a Supreme COurt Justice. He refused to answer questions about his constitutional views. He would press his conservative views into active policy making. Information had been leaked to the press that a former associate of Judge Thomas, Anita Hill, had accused him of sexually harassing her when she worked in the Dept. of Education. Thomas Denied the claims, narrowly escaped rejection by the closest Supreme Court confirmation vote in modern times, 52 to 48
Petit jury
A jury that decides an individual's innocence or guilt; a trial jury
Exclusive jurisdiction
The authority of the federal courts alone to hear and rule in certain cases; when a federal criminal law is broken, but not a state one, the case goes to federal court
Defendant
One against whom a legal charge has been made
Shaw v. Hunt (cases w/ significance)
Court struck down congressional districts, holding that race should not be the sole factor in drawing district boundaries
Judiciary Act of 1789
Established lower federal courts
Court of Appeals
Created by Congress in 1891 because so many people were appealing cases to the Supreme Court that the Court could not handle them; Today 13 courts of appeals handle about 41,000 cases a year, a figure that has almost doubled every ten years since 1970. The US is divided into 12 judicial circuits, one of which is the District of Columbia. A justice of the SC is assigned to each circuit
Stare Decisis
Let the decision stand; the practice of basing legal decisions on established Supreme Court precedents from similar cases
Plaintiff
Brings charges in a civil suit against a defendant; a person who files suit in a civil case
Senatorial courtesy
The practice in which a presidential nomination is submitted initially for approval to the senators from the nominee's state
Dissenting opinion
A Supreme Court opinion by one or more justices in the minority who oppose the ruling
"Rule of Four"
Permits four of the nine justices to grant a writ of certiorari
Criminal Law
Law that defines crimes against the public order and provides for punishment; the type of law dealing with crimes and providing for their punishment
Dual Sovereignty
Allows the double prosecution of a person by more than one state for the same crime, where both states have jurisdiction for the prosecution, and notwithstanding the double jeopardy rule; double jeopardy
Strict constructionist
The view that judges ought to base their decisions on a narrow interpretation of the language of the Constitution
Koon v. US (legal question)
California appeals court disagreed with the trial judge's sentence given to police officers accused of beating African-American motorist Rodney King. The SC took the case and sent it back to the California courts for reconsideration.
US v. Lanza
The Supreme Court has upheld the dual sovereignty; When the same act is an offense against both state and federal governments, its prosecution and punishment by the latter, after prosecution and punishment by the former, is not double jeopardy within the Fifth Amendment
Writ of mandamus
A court order that commands a government official to take a particular action
Judicial Review
The power of the courts to establish the constitutionality of national, state, or local acts of government
Civil law
The law that governs the relations between individuals and defines their legal rights ; the type of law dealing with the rights and relationships of private citizens
Amicus curiae briefs
A person or group who is not a party to an action, but has a strong interest in the matter, will petition the court for permission to submit a brief in the action with the intent of influencing the court's decision
District courts
Created in 1789 by Congress; general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty
Concurrent jurisdiction
The authority to hear cases shared by federal and state courts; federal and state courts share jurisdiction
Equity law
A particular set of remedies and associated procedures involved with civil law
Constitutional court
A federal court with constitutionality based powers and whose judges serve for life. The most important are the Supreme Court, the courts of appeals, and the district courts
US Tax Court
All civil cases involving taxes are heard in Tax Court. Most cases come from IRS & Treasury- these decisions are appealable to federal court of appeals
Writ of certiorari
An order to send up the case record because of a claim that the lower court mishandled the case
Majority opinion
The view of the Supreme Court justices who agree with a particular ruling
Legislative court
A specialized court established to hear cases about and execute the legislative powers of Congress
Court of Veterans Appeals
Congress set up this court to hear veterans' war claims for benefits & other veterans' problems
The Bork rejection
In 1987, the senate rejected President Reagan's nominee for the seat vacated when Lewis F. Powell stepped down from the Court. He was a highly intelligent, learned man who would defer to Congress and state legislatures and adhere to the principles set by past court decisions. His critics saw him as a judicial activist who would overturn previous decisions and ignore Congress in order to achieve his extremely conservative political ends. The Senate voted 58 to 42 against Bork's confirmation
US Claims Court
16 judges appointed by POTUS for 15 years- to hear claims about monetary damages; can't sue the US gov't without consent (Congress makes the list upon claims)- even if found guilty Congress would have to appropriate the money
Territorial Court
Constitution gives Congress power to make rules to govern US territories so Congress created court system to handle civil, criminal and constitutional cases
13th court of appeals for the federal circuit
Hears cases from all across the nation from the legislative courts and from district courts in certain cases, such as those involving patents, trademarks, or copyrights.
Section 2
(11 cards)