history chapter 9

  1. describe the federal court system
    • dual court system
    • civil lawsuit
    • 94 us district courts
    • apellate jurisdiction
    • 11 us court of appeals
    • majority opinion
    • concurring opinion
    • dissenting opinion
  2. dual court system
    a state and federal court system exist and operate at the same time
  3. civil lawsuit
    people seek compensation from those whom they accuse of violating contracts or causing personal injuries or property damage
  4. US distric courts
    • 94
    • job is to handle cases concerning federal law and laws enacted by congress
  5. appellate jurisdiction
    review errors that occur in trial court
  6. majority opinion
    represents the view of majority of the judges who heard the case
  7. concurring opinions
    judges who agree with the outcome favored by the majority but wish to present their own reasons for agreeing
  8. dissenting opinion
    express their points of disagreement with the views expressed by the majority opinion
  9. how a case moves through the US supreme court
    • US supreme court shapes law for entire country
    • choose on 70 to 80 cases/7000 cases
    • writ of certioari
    • rule of four
    • attorney speak
    • justices meet privately
    • gains 5 or more justices win
  10. writ of certiorari
    how cases are presented to the court commands lower court to send a case forward
  11. rule of four
    four justices must vote to hear a specific case
  12. each sides attorney
    speaks for 30 minutes while justices ask questions
  13. justices meet
    (9) meet privatly in their weekly conference to present their views to each other
  14. describe characteristics of supreme cour justices
    • 9 total
    • 3 women
    • 6 men
    • 1 aferican american
    • 1 latino
    • scalia most conservative
    • kagen newest member
    • also only one who wasnt a federal judge
    • sotomayor most liberal
  15. describe judicial review
    • aritcle 3
    • marbury v madison
    • adam atempt to pack the court with federalists
    • james madison refused
    • judiciary act of 1789
    • writ of mandamus
    • unconstituional
  16. article three
    defines the authority of the judiciary
  17. marbury v madison
    marbry was a last minute appointment by adams
  18. james madison
    rufused to deliver the commisions to marbury and several other judicial appointees
  19. judiciary act of 1789
    seeking a writ of mandamus
  20. writ of mandamus
    traditional leagal order through which a court directs a gov official to take a specific action required by law
  21. marbury v madison decision
    marbury was entitled to commision but declined the issue becuase it was unconstitutional.
  22. describe judicial decision making
    • battles in federal courts
    • original intent approach
    • avoid judicial activism
    • flexible interpretation
  23. judicial selection battles
    in federal courts, especially those related to nomination of supreme court justices, often focus on the nominees approach to constitutional interpretation
  24. original intent argure
    the constitution must be interpretated in strict accordance with the original meanings intended by the people who wrote and ratified the document
  25. judicial activism
    judges inject their own viewpoints into constitutional interpretation
  26. followers of original intent call themselves
    advocates of judical restraint
  27. critics of original intent
    argue there is no way to know exactly what the constitutions authors intended
  28. flexible interpretation
    contemporary judges give meaning to those words in the light of current values and policy problems
Card Set
history chapter 9
test 3