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| constitution foundation for the federal courts |
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| constitution stated there was s single high court in the nation and to empower congress to create lower courts to decide issues of national law |
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| specific powers for the judiciary |
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| have the power to decide cases after a wrong has been committed; forbids actions of parties; have jurisdiction when issues between American and foreign citizens |
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authority for a court to be first to look at situations
- case first heard (Jury) |
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higher court reviews cases previously decided in a lower court system
- appeal decision (not Jury) |
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| structure of state and federal courts |
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| similarities between state and federal courts |
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| similar structure; jury; trial held in lower courts for both |
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| differences between state and federal courts |
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| different levels; have hearing based on crime |
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| organized like federal courts; hold trials and do things based on state constitution |
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| election vs. appointment of judges |
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| when do you elect/when do you appoint |
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election based on popularity/voters; appointments are recommended by legal court
(Federal appointed/State elected) |
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district, appeals, special, military courts
(Jury trials) |
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| lowest court system; at least one in every state (90 in USA); all federal judges appointed for life by president and confirmed by senate |
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| review cases from federal courts; do not have jury trials, only listen to ones from lower court and sometimes bring to supreme court |
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U.S. Court of Claims- if sold something to government agency and not paid
U.S. Tax Court- if someone has issue with amount of money of taxes |
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Court of Military Appeals- deals with appeals from lower military courts
Territorial Courts- deals with cases about U.S. territory (Virgin Islands)
District of Columbia Courts- deals with cases in D.C.
Court of Appeals for Veterans Claims- veterans can file suits about benefits |
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| the makeup of the supreme court |
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| 9 member of supreme court; 8 associate justices and 1 chief justice |
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| justices appointed by president with advice from senate |
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| qualifications for justices |
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| political considerations for justices |
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| made up of people from different geographical locations, ethnic groups, genders, minorities, women, etc. |
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| senate has to approve appointment of president |
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| hearing held for justice elections |
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| help by senate judiciary committee to confirm of reject |
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| the need for an independent judiciary |
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| reasons for lifetime appointment |
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| if they make the right decision, but the majority does not agree, they will not be voted out of office; not easily influenced by executive + legislative branches |
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| president sometimes try to control decisions made by the court |
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Term
| Roosevelt and trying to pack the court |
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| was not happy with court decision and tried to pass law to allow 15 justices (not 9) so that more would be in his favor; law not passed b/c may have gotten too powerful |
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| can be impeached; same process as for president |
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| checks and balances of judges |
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| power to declare laws unconstitutional |
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| importance of judicial review |
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| check on both the president and congress |
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| judicial review based on tradition and practice... |
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| is a part of the unwritten constitution |
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| establishing judicial review |
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| constitution must be favored over any law; if a conflict exists between a law passed and the constitution |
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| argument- how judicial review started |
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| progression of case to supreme court |
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Definition
lowest- district
appeals- appellate
state
supreme |
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Term
| the journey of a case to the supreme court |
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Definition
| climbs through courts by appeals; starts at state system (usually stops) the goes to supreme court |
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| how justices choose cases to hear |
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| justices meet together to decide which cases to hear; choose ones of greatest interest; of at least 4/9 vote for case to be heard, it it placed on calender |
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| justices meet after case has been heard to decide on decision |
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| justices meet after case has been heard to decide on decision |
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| document that expresses the ideas of most justices |
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| statement by supreme court justice in favor of majority decision |
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| justices disagreeing statement in writing |
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usually decision is final after supreme court decides, but sometimes changes
- could amend constitution
- could reverse decision made in previous case |
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| the supreme court and controversy |
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| change of decision by president |
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| president can refuse a decision if it is unpopular vote |
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| only congress has power to make law, not judiciary |
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| second woman to serve on supreme court; usually with good grades you are recruited, but she felt it was discrimination because she was a Jewish person; 1980 appointed to U.S. court of appeals |
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