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| gov charges an individual who violated specific laws i.e. robbery |
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| no charge of criminality; dispute b/w 2 parties i.e. divorce |
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| policymakers of American jud. system |
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| plaintiffs must have serious interest in case |
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| permit a small # of people to sue on behalf of all other people in sim. circumstances i.e. environmental protection |
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| issues that are capable of being settled by legal methods |
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| what kind of cases to interest groups seek out? |
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| examples of interest groups? |
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| attempt to influence the court's decision, raise additional points of view & present info not contained in the briefs of attys doing the actual arguing |
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| equality of access does not necessarily mean? |
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| equality of representation |
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| courts in which a case is heard first, usually a trial |
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| what happens in original jurisdiction? |
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| 1. facts are determined about a case 2. determine whether it is crim. or civ. |
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| hear cases brought to them on appeal from a lower court |
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| the 91 district courts are usually entry points for what? |
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| most litigation in the federal courts |
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| the 91 district courts do NOT hear what? |
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| where are 98% of all criminal cases in the U.S. heard? |
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| state and local court systems |
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| the vast majority of civil cases are settled where? |
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| civ. suits b/w citizens of different states/countries |
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| name people who assist district judges? |
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Definition
| clerks, bailiffs, law clerks, stenographers, court reporters, probation officers |
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Term
| U.S. Marshals are assigned to each district to do what? |
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| protect judicial process & serve writs that judges issue |
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| how long are the terms of fed. magistrates? what do they do? |
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| each of the 91 district courts have a? how are they different from supreme court justices? |
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| U.S. atty; they are appted by the Pres and confirmed by the Senate, but they are not lifetime appointments |
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| courts of appeal hear no what? |
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| the supreme court has both what? |
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| original AND appellate jurisdiction |
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| the supreme court does not settle matters of what? |
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| state law/determine the guilt or innocence of a state criminal |
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| unwritten tradition; noms from lower-court positions are not confirmed when opposed by a senator from the state in which the nominee is to serve |
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| because of senatorial courtesy, presidents do what to avoid what? |
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| check carefully w/ senators ahead of time to avoid failed confirmation |
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| why are supreme court noms important from a president's perspective? |
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| most important legacy to nation |
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| justice noms run into trouble when? |
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| 1. Pres' party is a minority in the Senate 2. nom is made at end of term |
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| what is the first step of policymaking in the courts? |
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| deciding what to decide about |
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| who helps justices and does most of the reading? |
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| if 4 justices agree to grant review of a case |
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| unlike appellate courts/Supreme Court, original juris. can't what? |
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| formal doc. that calls up a case |
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| what kinds of cases are most likely to be selected by the supreme court? |
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Definition
| 1. civil liberties 2. conflict b/w different lower courts on interp of fed. law 3. disagreement b/w a majority of the s. court and lower-court decisions |
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| how & whether court decisions are translated into actual policy |
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| two sides to how the supreme court makes their decisions? |
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| 1. judicial restraint 2. jud. activism |
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| judges adhere closely to precedent and play minimal policymaking roles |
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| judges make bolder policy decisions |
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| New Deal era Supreme Court |
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| courts are possibly the most ____ and least ____ what? |
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| most elite and least democratic institution |
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| a means to avoid deciding some cases, principally those that involve conflicts between Congress & the Pres |
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| when a court interps an act of Congress, then the legislature routinely passes legislation the clarifies existing laws and, in effect, overturns courts |
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