The judicial system of the U.S. is described as ‘this’ consisting of a federal court system and...

Preview:

Citation preview

The judicial system of the U.S. is described as ‘this’ consisting of a

federal court system and a judicial system of state courts

Dual system

The jurisdiction of the federal courts is controlled by the U.S.

Constitution and this.

Statute

This past Supreme Court Chief Justice effectively lobbied Richard

Nixon for his position

Warren Burger

Many of this president’s Federal Court appointments were met with unprecedented delay even though, according to political scientists, his appointees were more moderate than prior Republican or Democratic appointees.

Bill Clinton

The Supreme Court is often called this indicating that it is the ‘final’ interpreter of the Constitution.

Court of last resort

This is the chief law enforcement officer of each judicial district

whose position is a spring board for elective office.

U.S. attorney

Hamilton argued in this essay that the judiciary would be the “least

dangerous branch of government.”

Federalist #78

When does the chief justice assign the writing of opinions?

When in the majority.

The year the United States courts of appeals were established.

1789

In order for a court to hear the first case, usually in a trial, they must

have this.

Original jurisdiction

In this decision, Justice Marshall determined the Court lacked the

power to issue a writ of mandamus because it lacked original

jurisdiction.

Marbury v Madison

Justice John Marshall instituted several innovations including the discontinuance of the practice of

seriatim where justices would deliver this type of opinion.

Individual(Now the Supreme Court issues a ‘single’ opinion which has helped

to establish the Court as more of a co-equal and unified branch)

John Jay, as Chief Justice under President Washington, presided over one major case. What was

this case?

Chisholm v. Georgia

Even though the Constitution mentions the supreme Court it is

silent on this.

It’s size

This describes the basic structure of the federal court system and the state court system which includes

trial, appellate, and the high courts.

Three-tiered

Since 1998 the federal court system has experienced

unprecedented expansion due to crimes involving these two things.

Drugs and firearms(According to former Supreme

Court Justice William Rehnquist)

The saying “what goes around comes around” was used by the

author of your textbook to describe the retaliation for

blocking federal court nominees under this presidential

administration.

Clinton(only eighty of Bush’s 130 nominees were confirmed by the Democratic-

controlled Senate in retaliation for the prior Congress’s refusal to expand the number of federal judges and confirm many appointees to the federal court

under Clinton)

Under Ronald Reagan, George Bush Sr. and Bush Jr. the Supreme court has become much more……

conservative

This dictates that the Chief Justice is responsible for administering the oath of office to the president and

vice president

custom

The federal district courts, circuit courts of appeals and the Supreme

Court are called this.

Constitutional courts(because they are either

established in Article III or the Constitution authorizes Congress

to establish them)

This body of law determines cases regarding the conduct that does not constitute a threat to society

Civil law

The government acts as ‘this’ in all criminal cases.

Plaintiff or Petitioner

Most criminal cases are traditionally tried in these courts.

State courts

Most of the cases heard by the Supreme Court are under this type

of jurisdiction.

appellate

This landmark case led to the decision that the Supreme Court may hear suits

brought by a citizen of one state against another state.

Chisholm v. Georgia

The federal judges of these courts are appointed by the President for

a fixed, limited term.

Legislative courts

The Framers would probably not have provided for ‘this’ had they known the Supreme Court would act as policymaker and subject to

the whims of politics.

Life-time appointments

These kinds of duties in the beginning of the Supreme Court

lessened the prestige of the Court and involved 10,000 miles of travel

for Supreme Court Justices

Circuit court duties

These are at the bottom of the court system

Trial courts

These courts are set up by Congress under its implied powers

for special purposes and are known as Article I courts.

Legislative courts

(U.S. Territorial Courts, U.S. Court of Veterans Appeals

This Supreme Court Justice had a family member orchestrate a letter writing campaign in 1993 to lobby

for the position.

Ruth Bader Ginsberg

President Eisenhower was disappointed with this appointee

of his to the Supreme Court because of his liberal position on

criminal defendant rights.

Earl Warren

This first chief justice of the Supreme Court was also one of the

authors of The Federalist Papers

John Jay

This approach to interpreting the Constitution puts the emphasis on

the Framers’ original intent.

Strict constructionist

To gain support of women, President Reagan appointed this

Supreme Court justice when Justice Potter Stewart announced

his retirement from the bench.

Sandra Day O’Connor

Although religion typically is not a reliable sign of a justice’s political ideology, President Clinton was

revered for his appointment of this Jewish justice.

Ruth Bader Ginsbert

President Dwight Eisenhower started the practice of using this organization to rate prospective nominees to the Supreme Court.

ABA (American Bar Association)

Justices are rated either ‘Well Qualified, Qualified, or Not

Qualified

President George Bush ended this practice

After the FBI and the ABA have conducted their research, a

nominee to the Supreme Court is chosen. This committee is then

responsible for conducting its own investigation.

Senate Judiciary Committee

(The committee reviews judicial opinions written, judicial philosophy, speeches, as well as interviews given to the press. Potential witnesses are

also contacted for testimony concerning the nominee’s fitness for

office)

The nomination of this former U.S. solicitor general and Yale Law

School professor in 1987 produced an unprecedented amount of

lobbying from both sides of the political spectrum

Robert Bork

(This nomination was met with fierce opposition from traditional liberals because of his firing of the Watergate special prosecutor at

the request of Richard M. Nixon.)

This Hispanic American’s nomination to the U.S. Court of

Appeals for the District of Columbia was held up by the

Senate Judiciary Committee due to the lobbying of liberal interest

groups who opposed his position on abortion, criminal defendants’

rights and affirmative action.

Miguel Estrada

This was the first Jewish justice to the Supreme Court

Louis Brandeis

Unlike congressional hearings and floor debate on bills, Supreme

Court proceedings continue to be conducted in…..

private

Disputes between two states are settled by the Supreme Court

under this authority only about two to three times per year.

Original jurisdiction

This is the term for a retired judge or an expert on a matter at hand that can hear a case of original

jurisdiction in a district court on behalf of the Supreme Court.

Special Master

Under this act, appeals to the Supreme Court must involve a

case that presents an important issue of law, or “a substantial

federal question.”

Judiciary Act of 1925

This is meant to have the final word for almost all federal litigants

Intermediate Courts of Appeal

(this frees up the Supreme Court to concentrate on constitutional

issues)

Petitions filed this way provide indigent or poor persons to appeal

a case to the Supreme Court.

Informa pauperis

About one-third of all Supreme Court filings involve this type of

issue

Criminal Law

In order for a case to be heard before the Supreme Court, this

must be followed.

Rule of Four

Cases that justices deem noteworthy are placed on this by

the chief justice’s clerks.

“discuss list”

(all others are dead listed)(only 30% make it to the “discuss

list”)

Justice Harry Blackmun revealed that these individuals who often

write court opinions have too much power.

Clerks

“Friend of the Court”

Amicus curiae

Fourth ranking member of the Department of Justice who handles

appeals on behalf of the U.S. government

Solicitor General

This is written when a justice agrees with the outcome of a case but with a different legal rationale.

Concurring opinion

An unsigned opinion

Per curiam opinion

When there is no solid majority opinion because there is at least

one concurring opinion, this becomes the controlling opinion

Plurality opinion

This term is defined as a reliance on past decisions or precedents to formulate decisions in new cases

Stare decisis

(“let the decision stand”)

A document containing the legal written arguments in a case filed with a court by a party prior to a

hearing or trial

brief

U.S. Supreme Court decisions are binding throughout the nation and

establish this.

A precedent

The second most important court in the nation

The D.C. Circuit Court of Appeals

This significantly improves the chances of a case asking for

certiorari of being accepted by the Court

Amicus brief

Restraintists refer to this as a classic example of judicial activism.

Roe v. Wade

Activists point to this landmark decision as an example of the importance of judicial activism

Brown v. Board of Education (1954)

Recommended