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The Judiciary - Chapter 15
Transcript of The Judiciary - Chapter 15
Common law is based on earlier court decisions.
Statutes and acts are authored by Congress and other legislatures.
The Supreme Court
In the process of administrative rule making, federal bureaucrats use their discretion to establish rules and regulations to implement policy
FISA (Foreign Intelligence Surveillance Act) Court is a special courts has come under increased media scrutiny due to its use since the 9/11 attacks
The United States has a dual court system.
The Supreme Court and state high courts are considered courts of last resort, whose opinions carry the force of law.
One immutable principle of the American legal system is that ALL laws in the United States must comply with the U.S. Constitution.
According to the Constitution, Congress is empowered to establish federal district courts
Initially, the federal judiciary was quite weak, with little authority.
The early landmark case Marbury v. Madison granted the Supreme Court its most significant power
Marbury v. Madison decision gave authority to the Supreme Court to determine the constitutionality of governmental action. This power is known as judicial review.
Original jurisdiction means that the court has the right to hear the case first. In the federal judicial system trial courts are the main courts of original jurisdiction for most cases.
The Supreme Court predominately acts as a court of appellate jurisdiction. Appellate jurisdiction means that the court hears an appeal from a court of original jurisdiction. The federal district courts serve as both trial courts and appellate courts.
There are 9 justices on the Supreme Court.
The chief justice on the Supreme Court provides both organizational and intellectual leadership.
To date four women have served on the bench of the Supreme Court
The Senate and the president share power in the selection of federal court judges.
Senatorial courtesy gives senators of the same political party as the president the right to veto judicial appointments to federal district courts.
The view that judicial decision making is guided by the ideology of individual judges is known as the attitudinal model.
The attempt to ensure that governing bodies are representative of major demographic groups in proportions similar to their representation in the population at large is known as descriptive representation.
For the Supreme Court to hear a case, four of the nine justices must want to hear it.
The term symbolic representation refers to the demographic represented by a candidate selected to serve as a federal judge.
Collegial court is the term is used to describe a court made up of a group of judges who must evaluate a case together and decide on an outcome.
A request to the Supreme Court that they review a case that was already decided by a lower court is done via a certiorari petition.
Supreme Court clerks are responsible for drafting pool memos, which summarize the facts, describe the legal arguments, and make a recommendation as to whether the Supreme Court should take the case.
A Supreme Court justice who agrees with the majority in a case, but disagrees in whole or in part with the majority opinion, has the option to write a concurring opinion.
A Supreme Court justice who disagrees with the majority in a case has the option to write a dissenting opinion.
The compilation of all the laws passed by the U.S. Congress is known as the U.S. Code.
The principle of stare decisis, a Latin phrase that means "let the decision stand," is the basis of the modern legal concept of precedent.
The vast majority of crimes in the United States are dealt with by state legislation.
The compilation of a state's criminal law is known as its penal code.
The government files suit in cases dealing with a violation of criminal law.
The key differences between criminal trials and civil trials is that criminal trials require a higher degree of certainty of guilt or responsibility.
United States Court of Appeals