Term
| Origins of the Courts (3) |
|
Definition
Philosphers say one gives up neutrality when placed in society
There will inherently be conflict among individuals on society
Once, tribes and cultures settled and strayed from nomadic ways, disputes arose over resources |
|
|
Term
| Historical context: Colonial Period |
|
Definition
Court structure varied from colony to colony
NO SYSTEMATIC LEGAL SYSTEM |
|
|
Term
| Historical Context: Article of Confederation |
|
Definition
NO COURT SYSTEM IS MENTIONED IN THE CONSTITUTION
Proved to be a huge defect in the organization of our country |
|
|
Term
|
Definition
Federalist who argue for universal courts
One Supreme Court over a set of lower Courts |
|
|
Term
|
Definition
Anti federalists support states rights
One single US court to hear outstanding cases but everything else should be handled by the states |
|
|
Term
| The Compromise (Constitutional Convention) |
|
Definition
| Established one Supreme Court and new government may create state courts as it deems necessary (Article 3) |
|
|
Term
|
Definition
Settled the debate b/w feds (who wanted lower level courts) and and anti feds (who fought for states rights to deal with courts)
Act created (affirmed) USSC with one chief justice and 5 assoc. justices
Established circuit courts (appeals) and district courts that heard smaller cases (13 district courts) |
|
|
Term
|
Definition
| Judicial Review- the courts ability to rule on any government action as unconstitutional. Serves as a check on the other two branches |
|
|
Term
| Structure of Fed Courts: Supreme Court |
|
Definition
9 justices
original jurisdiction (state is a party or deals with ambassadors)
appellate jurisdiction (case brought by appeal of lower courts)
7,500 cases/year brought; only 86 were actually heard |
|
|
Term
| Structure of Fed Courts: Circuit Courts |
|
Definition
13 courts (11 in geographic territories)
one in DC and one federal CoA for non geographically relevant cases
179 judges with at least 1 in each circuit
soley appellate jurisdiction
55,000 cases were appealed last year |
|
|
Term
| Structure of Fed Courts: District Courts |
|
Definition
94 courts; 89 in states; 5 in districts
678 judges (can be changed by congress)
original jurisdiction
353,000 cases/year |
|
|
Term
| Structure of Fed Courts: Magistrate |
|
Definition
Created by Fed Magistrate act of 1968 to relieve the workload of district court judges
aren't actual judges
Admin office of the US courts deals with budgeting, requesting rule changes, new judgeships etc. |
|
|
Term
| Development of state courts: Colonial Period |
|
Definition
Mirrored British common law system
varied by colony; lower level were local judges appointed by governor
mid level country courts (trial courts)
highest level was governor himself (appellate)
1st jury trials during this time, lawyers became more sophisticated, the better the legal council became, the better the court systems became |
|
|
Term
| Development of state courts: early state courts |
|
Definition
shift from governors to legislature
governor no longer played vital role in judicial processed
heavily dependent on legislative authority
disputes changed to urban life/business related cases as opposed to agrarian disputes.
more courts were created to settle overlaod of court systems and overlap of jurisdiction became an issue (politics became infused into court system) |
|
|
Term
| Development of state courts: Modern State Courts |
|
Definition
Court unification movement- called for streamlining of court system to eliminate overlapping jurisdictions
Mirrored the Fed system with tiered courts (major v minor issue courts)
no rules in Constitution regarding state courts
state court jurisdiction can apply to all cases that involve state laws |
|
|
Term
| Modern Court system: Trial courts of limited jurisdiction |
|
Definition
| handles bulk of all litigation (minor offense, traffic, juvenile, magistrates, etc) |
|
|
Term
| Modern Court system: Trail courts of general jurisdiction |
|
Definition
trials for more important state laws
handles criminal and civil cases
original and appellate jurisdiction
this level is where judges need law degree |
|
|
Term
| Modern Court system: Intermediate appellate courts |
|
Definition
only appellate jurisdiction
created to lessen the workload of the state supreme courts
few appeals go beyond this level |
|
|
Term
| Modern Court system: Courts of last resort |
|
Definition
Mostly appellate jurisdiction, but can have original
range in size from 5 to 9 justices
any DP case, automatically goes to GA supreme court |
|
|
Term
| Modern Court system: Admin & staff support |
|
Definition
Pseudo judges who are there to perform most basic functions
lessen workload of higher courts
mediation, diversion, arbitration, pre trial intervention |
|
|
Term
|
Definition
| 110 million cases combined (55% traffic, 21% criminal, 20% civil) |
|
|
Term
| State Court judicial selection (5 ways) |
|
Definition
1. Commission based appointment (governor chooses)
2. Contested elections (partisan and non partisan) |
|
|
Term
|
Definition
| The study, knowledge, or science of law |
|
|
Term
|
Definition
| A social norm, the infraction of which is sanctioned in threat or in fact by the application of physical force, by a party possessing the socially recognized privilege of so acting |
|
|
Term
|
Definition
| Set of deeply rooted, historically conditioned attitudes about the nature of law, role of law, the proper organization, and how law should be made |
|
|
Term
| Legal tradition: Civil Law |
|
Definition
|
|
Term
| Legal tradition: Common Law |
|
Definition
|
|
Term
|
Definition
| based on our general understanding on what is considered rational or reasonable. If a law is considered 'wrong' we expect judges to interpret that |
|
|
Term
|
Definition
| the existence and the content of the law depends on what social standards its official recognize as authoritative (a law is valid if society says its valid) |
|
|
Term
| To be a crime the action must: (3) |
|
Definition
violate a specific law enacted by public authority
(just because something is unjust, unfair, or immoral does not make it a crime) |
|
|
Term
|
Definition
| Serious enough to be punishable with death or time in prison |
|
|
Term
|
Definition
| Petty crime whose max sentence is less than one year in prison |
|
|
Term
|
Definition
| something that only warrants a small fine (parking ticket, speeding, etc) |
|
|
Term
| 3 caveats defining a crime |
|
Definition
1. Ex post facto- you cannot be punished for somehting that was legal at the time you did it
2. Bills of attainder- you cannot single out one particular person or group and claim that something is illegal fro them and not for someone else
3. Preciseness- the bill must be clear enough so the person can know that the legal action and punishment is |
|
|
Term
|
Definition
| The actual physical, objective component of the crime. An act either consists of commision, omission, or possession |
|
|
Term
|
Definition
Mental aspect; Was it intentional? "guilty mind"
"even a dog knows the difference between being kicked or stumbled over" |
|
|
Term
| Procedures prior to trial: The arrest |
|
Definition
1st time the state and defendant meet
two types:
warrant- PC is determined by judge and warrant is served
warrantless: crime committed in the presence of LE official or if PC determines a crime is about to be committed |
|
|
Term
| Procedures prior to trial: Appearance before a Magistrate |
|
Definition
within 48 hours, the defendant is brought before a judge to be made aware of the charges and rights
bail is set |
|
|
Term
| Procedures prior to trial: Grand jury or preliminary hearing |
|
Definition
Purpose of GJ is to determine if there is enough probable cause to move forward with trial
defendant does not appear, this is simply to check the integrity of prosecution (less than 5% of cases receive no bill) |
|
|
Term
| Procedures prior to trial: Arraignment |
|
Definition
Defendant enters a plea (again made aware of rights) not guilty plea move forward with trail
Plea bargain- 90% of cases
3 types
1. reduction of chargers
2. deletion of tangent charges
3. sentence bargaining |
|
|
Term
| The criminal trail: Jury Selection |
|
Definition
two goals- 1. eliminate jurors from pool who would not be able to give an unbiased take on the trial.
2. Peremptory- each side gets to eliminate 3 jurors because they are believed to be unfavorable to their clients side, no substantial evidence |
|
|
Term
|
Definition
| USSC said that peremptory challenges cannot be used unchecked, there are some limitations on who you can exclude. You cannot eliminated people based on race, gender, religion, ethnicity, and sexual orientation. |
|
|
Term
| The criminal trail: Opening statements |
|
Definition
| each side presents their case to the jury who lacks knowledge of the law of the justice system an outline of your case, evidence, witnesses, and valid points in order to influence the jury when its at its most stripped down, unknowledgeable state |
|
|
Term
| The criminal trail: Role of the Judge |
|
Definition
| put everything in terms of the procedural stuff, but takes a passive stance in terms of ruling on the validity. Each judge has his own style, and goal is to be an impartial participant |
|
|
Term
| The criminal trail: Role of the Jury |
|
Definition
| to be passive and listen to the case presented and render a verdict solely base don the case presented to you |
|
|
Term
| The criminal trail: Instructions to Jury |
|
Definition
| Judge covers the meaning of the law and the way the law should be interpreted as well as provide all possible outcomes that could be reached. Lot of room for judicial discression, and ANY reasonable doubt must not result in guilty verdict |
|
|
Term
|
Definition
| Jury cannot come to a unanimous decision. The judge can either ask to return to deliberation or get a new jury with a new trial (10% remain hung) |
|
|
Term
|
Definition
| 90% of all those charged with felonies are convicted |
|
|
Term
|
Definition
Retribution
Incapacitation
Deterrence
Rehabilitation |
|
|
Term
| Sentencing appeals success rate |
|
Definition
|
|
Term
|
Definition
The power of the court to determine a law or action and determine whether or not it is constitutional; both federal and state
(not enumerated; implied) |
|
|
Term
| Origination of Judicial Review |
|
Definition
Marbury v Madison
(can also make policy by setting or overturning precedent as well as monitoring government action) |
|
|
Term
| Dilemma of Judicial review |
|
Definition
the courts have no means of allocating resources to their decisions or enforce the outcome
USSC are not chosen by the people, thus the least democratic branch of government is deciding the constitutionality of laws |
|
|
Term
|
Definition
Someone must bring a case to the court and the case must be appropriate for review
rule of 4- four of nine judges must say yes |
|
|
Term
| Justifiability Requirements: Political questions |
|
Definition
| Cases brought to the court where the subject of the case is a question on whether or not certain branches of government are acting constitutionally and the constitution is already clear on the matter |
|
|
Term
| Justifiability Requirements: Live Case and Controversy |
|
Definition
| There must be no hypotheticals or 'what if' cases, must be actual case with actual parties involved |
|
|
Term
|
Definition
There is no longer a live case or controversy, circumstances have been significantly altered by time or events
one exception- any situations that are short in duration or capable of repetition (abortions) |
|
|
Term
|
Definition
| There has not been a live case or controversy yet, there may be in the futur, but court cannot rule until said case arises |
|
|
Term
|
Definition
| Is the appropriate person representing the side; must have personal interest at stake, the one who is be directly adversely affected, actually be an injury or harm caused |
|
|
Term
|
Definition
| Al law said that drinking age for men is 21; for women is 18, by the time he got to USSC he was 21 so the case was moot, so he got someone younger than him to sue so case was fine |
|
|
Term
|
Definition
| CT law prohibited the sale of contraceptives, but no one had been arrested so the case was not ripe b/c no one had been violated |
|
|
Term
|
Definition
| Judge who is in jail for perjury refuses to give up position, senate sets up committee to hear case to save time and effort to impeach judge |
|
|
Term
|
Definition
| Sues use of textbooks in private schools coming form tax dollars. Court rules taxpayers have standing |
|
|
Term
| Auxiliary powers of the courts: Injunctions |
|
Definition
| any order given by the court to prohibit or require an action already begun or acts that have not begun (government stepped in and mandated desegregation) |
|
|
Term
| Auxiliary powers of the courts: Comtempt |
|
Definition
The power of the court to punish the poeple in court hearings (not necessarily illegal activity, but disrespect for the institutions)
two categories:
civil contempt- refusal of a person to obey a court order, they have ability to comply be need incentive
criminal- intent is to punish; action has been completed |
|
|
Term
| Auxiliary powers of the courts: sanctions other than contempt |
|
Definition
| punish those who are in authoritative positions in the court (fine a lawyer, etc.) |
|
|
Term
| Auxiliary powers of the courts: Make rules |
|
Definition
| court can make rules about their proceedings as long as a law is not congressional precedent on the matter |
|
|
Term
| Auxiliary powers of the courts: Appoint non judicial personnel |
|
Definition
| Magistrates are appointed by the court, clerks, admit disbar, |
|
|
Term
| Auxiliary powers of the courts: Issue writs |
|
Definition
| justification for congressional oversight |
|
|
Term
|
Definition
| lower courts that are hearing a case must stop hearing a case because they do not have proper authority to rule on case |
|
|
Term
|
Definition
| requiring action of lower courts |
|
|
Term
|
Definition
| Order of the court requires that prisoner in holding is brought before the court to determine the legality of detention |
|
|
Term
| When does congress challenge rulings? |
|
Definition
salient issues (measured by outside public cares about the issue; amicus briefs)
less likely if court reaches unanimous decision |
|
|
Term
| Three ways study showed individual Congressmen's actions |
|
Definition
1. vote to gain support of constituents
2. personal interest in case
3. don't like the fact the court struck down laws by congress |
|
|
Term
| Four general factors determine presidential success |
|
Definition
Pres commitment to ideological appointments
Opportunity to influence (make the court more representative of today's society)
political clout (skill in overcomming obstacles, approval rating)
judicial climate
(current makeup of the federal judiciary) |
|
|
Term
|
Definition
|
|
Term
| Federal Prosecutors (DAs) |
|
Definition
appointed by the pres, confirm by senate
must be a member of district
4 year terms (political position- partisanship, allegiance)
prosecute any case where the government is a party
chose cases to prosecute |
|
|
Term
|
Definition
Represent the individuals who are being charged by the government
employed by the gov't |
|
|
Term
|
Definition
| cabinet within the exec branch |
|
|
Term
|
Definition
| Judiciary Act of 1789, now head of the DOJ |
|
|
Term
|
Definition
Represent the US governement before the USSC
submits amicus briefs on behalf of the gov't |
|
|
Term
| Why is the USSG's success rate so high? |
|
Definition
agent of the court- provide legal advice to the court and identify important cases
repeat player- SG knows what the court likes to hear 'buzz words' common procedure etc
ideological signal- when SG argues against court, the court realizes case must be important |
|
|
Term
|
Definition
| when someone sues someone else that have harmed them. No govenrnment or sought policy change involved |
|
|
Term
|
Definition
| sue government to change law or policy (more common in appellate) |
|
|
Term
| Two ways Interest groups are involved |
|
Definition
1. Test cases- model case. it will arrive at the intended outcome with no procedural errors
2. amicus briefs- particpation by somebody outside the court offering specific, relevant info to be considered (rule 37) |
|
|
Term
| Affected group hypothesis |
|
Definition
| gage where public opinion stands on an issue. Tries to determine which side public opinion stands and how many people would be affected. |
|
|
Term
|
Definition
| legal info to the court that they would have otherwise received |
|
|
Term
| Responsibilities of Law Clerks |
|
Definition
Review and summarize cert petitions
recommend opinions
write bench memos |
|
|
Term
| Problems and inclinations of clerks |
|
Definition
| They have informal advantage where judge does not. they can craft papers to fit their own opinion. They have influence of justices final opinion |
|
|
