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the Roberts Court
the nickname for todays supreme court (since 2005)
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federalist No. 78
- how judges should be appointed and how long they should serve and this is what he decided:
- Defense of the judiciary – said that it was the weakest branch of government Court can execute its
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precendent
A legal rule established by a judicial decision that guides subsequent decisions
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Stare Decisis
Reliance on past decisions or precedents to formulate current decisions that guides subsequent decision "let the decision stand"
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Judiciary ACt of 1789
Congress sets up the lower federal courts
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Article III of the Constitution
is where the Supreme Court gets its power
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Supreme Court
- the highest court, has final authority over any decision involving the U.S. Constitution of federal Law.\
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- Supreme court may also review the constitutionality of legistation and actions by state and local government ( Judicial review)
Authority to hear cases involving disputes between states, and matters involving forign countries
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Judges
- have tenure during good behavior
- Salaries can not be diminished while seving
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Judicial Review
the power of the courts to strick down stature by Congress of the President if deemed unconsitutional
Not given to the courts by the Constitution, but by the Supreme Court Decision (Marbury v Madison)
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Dual Court System
Two court systems, state and federal, operating at the same time in the same geographical area
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Criminal Law
involves accusations that individuals or groups have violated state statues and should be punished
EX State v Criminal defendant in trail court or Defendant v state in appelate
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Civil law
involves individuals, business, or groups, seeking compensation from those they accusej of violating contracts, causing personal injuries, or property damage
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Original Jursitiction
the jursitcation of the courts that hear a case first, usually in a trial. Courts of orginal jursitiction decide facts
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Trial Courts (state and Federal- Origianl jursitiction)
- 1) determine facts of a case
- 2) Typically a jury trial
- 3) sometimes a bench trail
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Appelate Jurisiction
- The power vested in a particularcourt to review and/or reise lower court decisions
- They hear matters of law ; make sure errors did not occur
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Appellare Court (state and federal --Apellate Jursitication )
- 1) Correct errors
- 2) determine matters of law
- 3) no jury
- 4) Groups of judges make decisions
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Intermediate Appellate Courts
- 1) US court of Appeals in the fed
- 2) 11 Circuits (LA 5th)\
- 3) Intermediate Appellate Courts in some states
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Courts of last REsorts
- highest appellate court in the state/ fed
- US supreme court in fed sysederal system
- state supreme court in the states
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Supreme Court Jurisdiction
- Original Jurisitction (Article III)
- Cases involving "Ambassadors, public ministers and those in which the state shall be a party
- Appelate Jurisdication (controlled and created by the Supreme Court)
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Decision-Making
In appelate court groups of judges make decisions
In trial courts juries make most decisions and are guides by 1 judge.
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