Ch. 14

Political Science 2151 with Jasonwaguespack at University of New Orleans

About this deck

By: Arineka Smith
Textbook:

The American Democracy, Alternate Edition
Created: 2011-05-11
Size: 28 flashcards
Views: 24

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Supreme Court

This is the highest court in the land, and is established by Article III of the Constitution.

It currently has nine members.

It is presided over by a Chief Justice.

Its members are appointed for life.

They are not subject to elections or term limits.

Supreme Court continued

The Supreme Court is looking for cases concerning significant issues to the nation. When the SC accepts a case, chances are most of the justices already disagree with the lower courts’ ruling. About three-fourths of lower courts rulings are reversed by the SC

Cases the Supreme Court Can Hear (Original Jurisdiction)

This involves foreign ambassadors and issues in which a state is one of the parties involved.

Cases the Supreme Court Can Hear (Appellate Jurisdiction)

The SC hears cases that have already been decided by lower courts.

The SC is not retrying the case, but determining whether the lower court acted in accord with applicable law.

Stage 1 of Supreme Court Case( Accepting a Case)

–Most cases reach the Supreme Court by a writ of certiorari (a decision by at least four out of the nine Justices to allow a losing party to bring their case before it for a ruling; from the Latin word “to make more certain”), an order to deliver the records of a particular case to be reviewed for legal errors.

Stage 2 of Supreme Court Case (Oral Argument)

–The next stage of the case is the oral arguments, in which attorneys for both sides appear before the Supreme Court to present their positions and answer questions posed by justices.

Stage 2 Continued...

–Attorneys on both sides prepare the briefs, written documents in which attorneys explain, using case precedents, why the court should find in favor of the client. Sympathetic interest groups often file amicus curiae briefs that support the claims of one or the other litigant.

Stage 3 of Supreme Court Case (The Conference)

Following the oral argument, the justices discuss the case in secrecy to reach a decision on the basis of a majority vote.

This results in the decision – the vote of the SC that indicates which party has won, and the margin.

Stage 4 of Supreme Court Case (Opinion Writing)

–After a decision has been reached, one of the members of the majority is assigned to write the opinion (the written explanation of the Supreme Court’s decisions, explains the legal basis behind the ruling). Justices may try to influence or change one another’s opinions.

Stage 4 Continued

–Dissent. Justices who disagree with the majority decision may choose to publicize the character of the disagreement in the form of a dissenting opinion (a decision written by a justice in the minority in a particular case, in which the justice wishes to express his or her reasoning in the case).

Why are SC judges invaluable?

That SC justices are valuable because their tenure extends beyond the time of the president that appointed them.

U.S. District Courts

These are the lowest federal courts. Only federal courts where juries are held. Most cases are not appealed.

U.S. Court of Appeals

These are the next level of federal courts. These are the “circuit” courts. Most appeals end here.

Difference b/w Article I and Article III courts

–These types of specialized courts are created by Congress under Article I. –Article I legislative courts are not as independent as Article III courts because their judges are appointed for fixed terms. They do not have lifetime tenure.

Examples of Article I Courts (Military Tribunals)

trials used to try enemies captured in wartime.

These tribunals have been used against American Indians, the Lincoln conspirators, German saboteurs in World War II, and currently, enemy combatants captured in the course of the War on Terror.

U.S. Court of Military Appeals

an Article I court that exercises worldwide appellate jurisdiction over members of the United States armed forces on active duty and other persons subject to the Uniform Code of Military Justice.

Composed of five civilian judges appointed for 15-year terms by the President with the advice and consent of the United States Senate.

U.S. Claims Court

A United States federal court that hears monetary claims against the U.S. government.

Article III Courts U.S. Court of International Trade

The Court possesses limited subject matter jurisdiction, meaning that it may hear only cases involving particular international trade and customs law questions.

State Courts

–Political appointed jurists

Elected jurists

Merit plan jurists

Methods by which the Congress can influence the courts

Can remove jurisdiction of certain issues from the federal courts. Example: Shielding gun manufacturers from lawsuits. Also, various efforts to “strip” issues like school prayer and gay marriage from the courts. –Can block judicial nominees in the Senate.

Methods by which Congress can influence the courts continued

–Can determine the size of the Supreme Court.

Example: FDR’s “Court-packing” plan.

–Can establish or abolish lower courts. Example: Congress abolished some Federalist-created courts under the Judiciary Act of 1801.

Methods by which the President can influence the courts

Can influence the way court decisions are enforced.

Can have the Justice Department push lawsuits that affect certain issues. For example, Ronald Reagan’s Justice Department pushed lawsuits against affirmative action.

Originalism Theory vs. Living Constitution Theory

Originalism theory – interprets the Constitution in light of how its writers viewed it. Adherents include Antonia Scalia.

Living Constitution theory – claims the Constitution is based on general principles that were intended to be adaptable. Adherents include Stephen Breyer.

Judicial Restraint vs. Judicial Activism

Doctrine of judicial restraint Courts should defer to legislatures. Courts should apply law and not refine it.

Doctrine of judicial activism Courts should interpret the Constitution, precedents, etc, in light of established principles, even when elected officials fail to act in accord with those principles.

stare decisis

From the latin "let the decision stand," the principle that binds judges to rely upon the holdings of past judges in deciding cases.

amicus curiae briefs

"friend of the court" brief. A document submitted by parties interested in a certain case or issue in an attempt to provide the Court with information that may be used to decide the case. briefs that support the claims of one or the other litigant.

writ of certiorari

a decision by at least four out of the nine Justices to allow a losing party to bring their case before it for a ruling; from the Latin word “to make more certain”), an order to deliver the records of a particular case to be reviewed for legal errors.

et al

When affixed after the name of a person, et al. indicates that additional persons are acting in the same manner, such as several plaintiffs or grantors.

When et al. is used in a judgment against defendants, it means that the quoted words are applicable to all the defendants.

About this deck

By: Arineka Smith
Textbook:

The American Democracy, Alternate Edition
Created: 2011-05-11
Size: 28 flashcards
Views: 24

About StudyBlue

“I have used this website for three exams, and I see a huge difference in my test results.”
Naj