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| to settle/adjudicate disputes with some kind of judgement |
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-everyone judged by same standards
-no one above the law
-Comes from: Constitution, Statutes, Precedent |
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-always have gov't as the plaintiff
-defendant is one charged w/wrongdoing, violation of health, morality, safety, welfare, etc.
-fines and jail time
-must prove someone is guilty beyond reasonable doubt |
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no "crime" gov't may or may not be involved
-dispute between 2 parties where 1 claims the other did something wrong.
-no jail time only damages
--Contract Law: violate the terms, fix problem, fines or damages
--Tort Law: claim that one party was named by others negligence or malfeasance(something you did) |
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-could be either
-any proceeding that has powers of gov't or rights/liberties of citizens |
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-Lower state courts, State Supreme Courts
-US district courts, US courts of appeals, special federal courts (Ex. claims court)
-Supreme Court of the US |
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| Federal Courts & Constitution |
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Article 3
-smaller courts left un-noted
-requirements for judges un-noted
-no mention by name or process of judicial review
-congress can't eliminate SCOTUS
-president appoints, senate confirms(majority)
-judges in for life in good behavior
-original jurisdiction: charges against foreign officials & disputes b/n states
-appellate jurisdiction essentially unlimited. |
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| Federal Court Structure - Bottom |
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Definition
US District Courts
-where most cases begin
-94 courts
-usually 1 judge/cas, sometimes 3 judge panel
-trial courts, juries - only place in fed courts
-guilt or non guilt |
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| Federal Court Structure - Middle |
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Definition
US Courts of Appeals/Circuit Courts
-12 circuits
-no jury
-guilt or non guilt
-consider actions of district courts, not facts
-3 judge panel
-sometimes en banc: All judges on circuit, may go to SCOTUS
-supreme court judges each oversee a circuit |
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| Federal Court Structure - Top |
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Definition
Supreme Court of the United States
-final word
-9 justices (can change)
-each gets 1 vote
-need plurality to win vote |
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| the authority of a given court to be the first court to hear a case |
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| the authority of a given court to review cases that have already been tired in lower courts & are appealed to it by the losing party |
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| permission granted by a higher court to allow a losing party in a legal case to bring the case before it for a ruling; when such a writ is requested of SCOTUS, 4 of the court's justices must agree to accept a case before it is granted certiorari |
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when court thinks state gov't has acted improperly towards defendant
-5 of 9 must agree
-kind of rare |
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| a written statement by a party in a court case that details its argument |
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a brief presented by someone interested in influencing the outcome of a lawsuit but who is not a party to it
-big deal when SCOTUS asks you to do this |
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| the power of courts to decide whether a governmental institution has acted within its constitutional powers, and if not, to declare its action null & void |
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| a judicial decision that serves as a rule for settling subsequent cases of a similar nature |
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| constitutional guarantee of due process of law, found in the Fifth and Fourteenth Amendments to the U.S. Constitution, prohibits all levels of government from arbitrarily or unfairly depriving individuals of their basic constitutional rights to life, liberty, and propert |
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| the tradition that a US senator from the state in which a federal judicial vacancy has arisen should have a say in the president's nomination of the new judge if the senator is of the same party as the president |
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| Procedures once case is accepted |
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Definition
-Prepare: briefs
-Oral Argument: each side 30 mins, open to public
-Judicial Conference: away from public eye, very private. chief justice 1st, seniority after that
--Vote: most junior 1st, chief last
--decide who writes opinions |
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opinion that results when a majority of the justices are in agreement on the legal basis of the decision
-chief or most senior in majority decides who writes |
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| opinion that results when a majority of justices agree on a decision in a case but do not agree on the legal basis for the decision. The legal position held by most of the justices on the winning side is called plurality opinion. |
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| separate opinion written by one or more SC justices who vote with the majority in the decision on a case but who disagree with its reasoning |
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| the opinion of a justice in a supreme court case that explains his or her reasons for disagreeing with the majority's decision |
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| the doctrine that the judiciary should follow closely the wording of the law, be highly respectful of precedent, and defer to the judgement of legislatures. Claims that the job of judges is to work within the confines of laws set down by tradition and lawmaking majorities |
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| the doctrine that the courts should develop new legal principles when judges see a compelling need, even if this action places them in conflict with precedent or the policy decisions of elected officials |
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-essentially precedent
-Courts cite to stare decisis when an issue has been previously brought to the court and a ruling already issued |
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Term
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| -person appointed to represent the federal government of the United States before the Supreme Court of the United States |
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