Section 1
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Loose constructionist
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Last updated
6 years ago
Date created
Mar 1, 2020
Cards (61)
Section 1
(50 cards)
Loose constructionist
Hamilton -the gov. could claim broad powers only implied in the Constitution. Judges have freedom to interpret
US Claims Court
-16 judges appointed by POTUS for 15 year terms-to hear claims dealing with money or currency damages
Petit jury
a jury that decides an individual's innocence or guilt; a trial jury - Usually made up of 6 to 12 people - Weigh the evidence presented at a trial
Dissenting opinion
5 agencies that have important voice in confirmation process
The Bork rejection
Territorial Courts
The con. gives congress power to make rules to govern US territories sooo congress created court system to handle civil, criminal, and constitutional cases
Marbury v. Madison
• Then lame duck president Adams makes a bunch of midnight appointments - hoping to squelch then soon-to-be president Jefferson's ability to appoint anti-federalists to lifelong appointments on the court. • While one of the appointments has been ordered, confirmed etc. it hasn't been sent to the judge in time. • Jefferson is now president and orders his secretary of state to hold the delivery of paperwork to the judge so that it is no longer finalized. • That judge (William Marbury) asked SCOTUS for a writ of mandamus - a court order which forces a government official to take a particular action.
Writ of certiorari
Strict constructionist
Jefferson -national gov. should exercise only the powers specifically mentioned in the Constitution. Judges out to base their decisions on a narrow interpretation of the language of the Constitution.
13th court of appeals for the federal circuit
Court of Appeals
Grand Jury
a group of people who evaluate whether there is enough evidence against a person to order him or her to stand trial - Usually made up of 16-23 people - Hears charges against a person suspected of having committed a crime
Senatorial courtesy
Jurisdiction
-the right to interpret & apply the law; a court's range of authority. -Basically the restrictions on the kinds of cases a court may hear
US v. Virginia (lower court conflicting ruling)
Court of Veterans Appeals
-1988 -Created to handle veterans' war claims for benefits and other veterans' problems
US Tax Court
-All civil (but not criminal) cases are heard in the Tax Court -Most cases are generated by the Internal Revenue Service -Decisions may go to federal court of appeals
Koon v. US (legal question)
Criminal Law
FED STATE & LOCAL are responsible for enforcing criminal law defines crimes against the public order and provides for punishment -most settled in state or local courts -2% reach fed courts -gov (s or f) is always the prosecutor (bringing the charges against the defendant)
Amicus curiae briefs
Original jurisdiction
Trial court where a case is originally tried
Legislative court
narrow scope of court= less cases; not governed by article III as constitutional courts are bc these courts are created by & defined by congress in order to help congress exercise its powers --court of military appeals, us claims court courts of the district of Columbia, territorial courts, court of veterans appeals, US tax court
Concurring opinion
Defendant
person who must defend against the complaint
Constitutional court
District courts, courts of appeals, court of international trade
Civil law
law that govern the relations between individuals AND defines their legal rights
Judicial Review
the power (by SCOTUS) to determine the constitutionality of laws & other actions of gov. -isn't in the Constitution - it is claimed by Chief Justice John Marshall.
Article III
-create SCOTUS & gives Congress ability to set up "lower" aka "inferior" courts. -devoted to judiciary and is even shorted than the Congress & POTUS's sections -provides guidelines for terms of office & compensation
Appellate jurisdiction
The trial court that hears a case being appealed. If a person loses an appeal they may appeal to SCOTUS
Judiciary Act of 1789
-Congress est. a variety of lower courts to handle the rising # of federal cases ?? -Allows for congress to estab. constitutional courts, but over the years they have added legislative courts as well
Selection gridlock
Constitutional law
• Federal courts determine cases based on how each judge interprets the Constitution. • Most cases involving constitutional law decide the limits of gov.'s power & the rights of the indiv
US v. Lanza
SCOTUS held that dual sovereignty is not a violation of double jeopardy protections (as laid out in the 5th amendment.
Equity law
-what civil law is governed by principle which resolves the dispute on grounds of fairness (whoever loses the cases usually pays for the court costs)
The Thomas controversy
Writ of mandamus
-a court order which forces a gov official to take a particular action
Courts of the District of Columbia
Federal district court, court of appeals & local courts to hear civil & criminal cases
Majority opinion
Dual Sovereignty
state and federal authorities can prosecute an individual for the same crime
Concurrent jurisdiction
The authority to hear cases shared by federal and state courts. Cases having concurrent jurisdiction involve citizens of different states, if a person commits a crime that violates both state & fed. court
Plaintiff
person bringing charges in civil suit/trial
District courts
5 sets of criteria used in selecting SCOTUS justices
Duties of SCOTUS & Chief Justice
Exclusive jurisdiction
The authority of the federal courts ALONE to hear and rule in certain cases- cases involving a federal or foreign gov. officials and cases that arise out of an act of Congress as well as disputes between 2 state govs
"Rule of Four"
Shaw v. Hunt (cases w/ significance)
Court of Military Appeals
-Highest appeals court for the armed service-decisions from this court of military appeals may be appealed to SCOTUS (rare) -Hears cases brought from military courts by members of the armed forces convicted of breaking military law
Court of International Trade
-Court hears civil cases related to taxes & trade and is based in NYC but also from harbor or port cities -Judges are in panels of 3 and decisions can be appealed to Court of Appeals on the Federal circuit
Section 2
(11 cards)