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| Has become the most powerful court in the world, power has developed with history, custom, and usage. 9 justices, hears most important cases that are appealled, usually constitutional or federal law cases. |
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| Can reviews decisions, 13 courts, have appeallate jurisdiction () |
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| Have original jurisdiction (), also called trial courts, 89 district courts. |
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| Nominated by the president, confirmed by Senate. Usually 50-60 years old, same party as president, same point of view as president, have legal training, and have serves as state court judges (experience). |
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| allows a senator to block a nomination to a federal court in their home state. |
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| Legal document hat the Supreme Court sends to a lower court ordering it to send up a complete record of a case. |
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| A brief written by parties not directly involved in a case but with an interest in it. |
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| Opinion of the majority of justices, only need 4 out of 9 justices for the majority. |
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| Opinion written by justices who disagree with the majority. |
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| Opinion of justices who agree with the majority but have different reasons for doing so. |
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| Belief that the Court has the right and obligation to use judicial review to overturn bad precedents and promote socially desirable goals. |
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| Belief that judicial review should be used sparingly, especially when dealing wth controversial issues. |
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| Trial Courts of General Jurisdiction |
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| Handle most serious criminal cases and major civil disputes. |
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| Trial Courts of Limited Jurisdiction |
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| Handle minor criminal or civil cases usually involving informal hearings without juries. |
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| Have jurisdiction oer cases involving state law. |
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| Have jurisdiction over cases involving U.S laws, foreign treaties, and interpretation of the Constitution. Cannot initiate action. |
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| Issues where both state and federal courts share jurisdiction. |
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| Supreme Courts power to examine the laws and actions of local, state, and national governments and cancel them if they violate the constitution. Established in Marbury vs. Madison, Justice Marshall brodens federal power at the expense of the states. |
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| Emphasized rights of states and citizens. |
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| Missouri compromise ruled unconstitutional. |
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Judicial Review for state laws too.
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| Brown v. Board of Education |
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| Outlawed segregation in schools. |
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| Luisianna law that black and whites had seperate train cars, establised seperate but equal. |
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| Jury of 12 people that deals with district court civil and criminal cases, decides guilt or innocence, also called trial jury. |
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| Determines if there is sufficient evidence for a trial. |
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Help Congress exercise its power.
Ex. US tax court, US court of Dc, Territorial courts, US court of verterens Appeals, Court of foreign intellience survalliance. |
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| Appointed by the president, represents the federal government before the Supreme Court. |
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| A brief unsigned decision. |
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| How the Supreme Court Operates |
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1.Cases are appealled or written up (writ of certiorari)
2. Worthy cases are put on a list, 2/3 of these cases make it to the list.
3. Some cases per curiam opinion, some are fully considered
4. Each side of a case submits a brief
5. Amicus curiae briefs are submitted
6. Lawyers for both sides make oral arguments, Justies can interrupt
7. On wednesdays and fridays, Justices have secret conference to decide cases. |
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| Opinions where all justices agree on a decision. |
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| When the president consults Senators before nominating any person to a federal vacancy within that Senators state. |
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| How the Supreme Court Shapes Policy |
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Using Judicial Review, Interpretation of Laws, and Overturning Earlier Decisions.
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| To refuse to spend money Congress has appropriated. The supreme court limited Lincolns power to do this in Train vs. City of NY. |
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Meaning let the decision stand, nder this principle once a court rules on a case, its decision serves as a precedent to base other decisions on.
Ex. Olmstead v. US decision overturned in Katz v. Us when court decided wiretapping was unconstitutional because of the search and siezure act under the 4th Amendment. |
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| Limits on Types of Issues of Supreme Court |
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| Can only decised on cases dealing with civil liberties, economic issues, federal legislation and regulations, due process of law, suits against government officials, and disputes between states or between the national governemtn and states. |
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| Lack of Enforcement Power |
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| Supreme Court cannot enforce its decisions as pointed out by former President Andrew Jackson although these decisions are almost always followed. It is up to the Legislatinve and Executive Branch to enforce these decisions. |
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| Supreme Court Limited Over Agenda |
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| Supreme Court can only decide cases that come to it from elsewhere in the legal system. |
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| Supreme Court Limits on Types of Cases it Hears |
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| Courts will only consider ases were its decision will make a difference, cases where the plaintiff has suffered real harm, and cases that invovle a substantial federal question. Cannot deal with political questions or give out advisory opinions, or rulings on a law or ation that has not been challanged. |
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