The document provides definitions and summaries of key terms and Supreme Court cases related to the US judicial system. It describes Brown v. Board of Education which ruled that separate educational facilities for black and white students were unequal. It also outlines terms like amicus curiae, judicial review, and the different levels and types of courts in the US system.
What's the difference between the federal and state court systems? Criminal and civil cases? Constitutional, statutory and administrative law? This brief overview hits the highlights.
What's the difference between the federal and state court systems? Criminal and civil cases? Constitutional, statutory and administrative law? This brief overview hits the highlights.
The basics of the U.S. legal system, including types of law (constitutional, statutorial and administrative), types of offenses (criminal and civil) and an explanation of how the appeals process works.
I presented this presentation to the Fatih University in Istanbul Turkey. I discussed why the American legal system is unique by giving the history behind our government and laws.
The basics of the U.S. legal system, including types of law (constitutional, statutorial and administrative), types of offenses (criminal and civil) and an explanation of how the appeals process works.
I presented this presentation to the Fatih University in Istanbul Turkey. I discussed why the American legal system is unique by giving the history behind our government and laws.
Hona hemen Kamila Zebra haur eta gazte literatura liburuari buruzko power ppoin bat. Unitate didaktiko hau, irakasleei bai ikasleei zuzendutakoa da eta bertan, Ardora programarekin egindako ariketak aurki ditzakezue ikasleek burutzeko.
THIS PRESENTATION IS A MERE GLIMPSE OF MY NUMEROUS STRUGGLES AS A SINGER. I HAD ADDED MANY ARTISTIC TEXTURES TO BOTH MY PICS AND THE WHOLE PRESENTATION AS WELL. I HOPE YOU WOULD ENJOY THE MOST BY VIEWING MY PRESENTATION AND REFRESH YOUR MOOD!
Chapter TenThe Federal JudiciaryBrian M. MurphyLearnin.docxTawnaDelatorrejs
Chapter Ten
The Federal Judiciary
Brian M. Murphy
Learning Objectives
After covering the topic of the federal judiciary, students should
understand:
1. The relationship of state courts to the federal judiciary.
2. The jurisdiction of federal courts.
3. The structure of the federal judicial system.
4. The procedures of the U.S. Supreme Court.
5. The powers of the federal judiciary.
Abstract
The udicial y e i he i ed a e i a ed he d c ri e
federalism. Two court systems exist side-by-side, national and state, and
each has a distinct set of powers. State courts, for the most part, are
responsible for handling the legal issues that arise under their own laws. It
is primarily when a federal uestion is presented that the federal udicial
system can become in ol ed in a state court. therwise, state udiciaries
are generally autonomous even from one another. The Constitution
precisely outlines the types of cases that can be heard by federal courts,
yet it is almost impossible to force a federal court to hear a case that falls
under its urisdiction if the udge s wants to avoid it. The authority of
the U.S. Supreme Court has slowly grown over time, largely through the
power of udicial review. onetheless, federalism has managed to remain
a signi cant barrier against federal courts becoming too powerful. The
udicial system designed by the framers continues to survive and function
after 200 years.
Introduction
The federal judicial system is the least commonly known and least
understood branch of American government. In 2007, 78% could not
name the current Chief Justice of the U.S. Supreme Court but 66% were
able to identify at least one of the judges on the T show American
Idol (Jamieson, 2007). Much of judicial work is conducted out of the
limelight and courts are not considered an important in uence in the daily
lives of people. It is clear the framers believed that the federal judicial
system would be the weakest of the three branches because, as Alexander
amilton wrote, it has no in uence over either the sword or the purse
(Hamilton, 1961, 465). In other words, courts cannot command an army
(or even police) to ensure that decisions are enforced or allocate money to
implement one of their rulings. Judges must depend on the other branches
in order to get anything done. According to an oft-repeated story, President
Andrew Jackson supposedly mocked a decision by Chief Justice John
Marshall with the words, John Marshall has made his decision, now let
him enforce it’’ (Schwartz, 1993, 94).
But times and the role of the federal judiciary have changed. One
scholar even concluded that the United States is now operating under a
government by judiciary’’ because the U.S. Supreme Court can revise
the Constitution by how it interprets the wording (Berger, 1997). As Chief
Justice Charles vans Hughes once uipped, e are under a Constitution,
but the Constitution is what the judges say it is’’ (Hughes, 1916, 185). .
Chapter TenThe Federal JudiciaryBrian M. MurphyLearnin.docxmccormicknadine86
Chapter Ten
The Federal Judiciary
Brian M. Murphy
Learning Objectives
After covering the topic of the federal judiciary, students should
understand:
1. The relationship of state courts to the federal judiciary.
2. The jurisdiction of federal courts.
3. The structure of the federal judicial system.
4. The procedures of the U.S. Supreme Court.
5. The powers of the federal judiciary.
Abstract
The udicial y e i he i ed a e i a ed he d c ri e
federalism. Two court systems exist side-by-side, national and state, and
each has a distinct set of powers. State courts, for the most part, are
responsible for handling the legal issues that arise under their own laws. It
is primarily when a federal uestion is presented that the federal udicial
system can become in ol ed in a state court. therwise, state udiciaries
are generally autonomous even from one another. The Constitution
precisely outlines the types of cases that can be heard by federal courts,
yet it is almost impossible to force a federal court to hear a case that falls
under its urisdiction if the udge s wants to avoid it. The authority of
the U.S. Supreme Court has slowly grown over time, largely through the
power of udicial review. onetheless, federalism has managed to remain
a signi cant barrier against federal courts becoming too powerful. The
udicial system designed by the framers continues to survive and function
after 200 years.
Introduction
The federal judicial system is the least commonly known and least
understood branch of American government. In 2007, 78% could not
name the current Chief Justice of the U.S. Supreme Court but 66% were
able to identify at least one of the judges on the T show American
Idol (Jamieson, 2007). Much of judicial work is conducted out of the
limelight and courts are not considered an important in uence in the daily
lives of people. It is clear the framers believed that the federal judicial
system would be the weakest of the three branches because, as Alexander
amilton wrote, it has no in uence over either the sword or the purse
(Hamilton, 1961, 465). In other words, courts cannot command an army
(or even police) to ensure that decisions are enforced or allocate money to
implement one of their rulings. Judges must depend on the other branches
in order to get anything done. According to an oft-repeated story, President
Andrew Jackson supposedly mocked a decision by Chief Justice John
Marshall with the words, John Marshall has made his decision, now let
him enforce it’’ (Schwartz, 1993, 94).
But times and the role of the federal judiciary have changed. One
scholar even concluded that the United States is now operating under a
government by judiciary’’ because the U.S. Supreme Court can revise
the Constitution by how it interprets the wording (Berger, 1997). As Chief
Justice Charles vans Hughes once uipped, e are under a Constitution,
but the Constitution is what the judges say it is’’ (Hughes, 1916, 185). ...
Slide show prepared for a series of lectures on the Federal Judiciary for PS 101 American Government at the University of Kentucky, Fall 2007. Dr. Christopher S. Rice, Lecturer.
2. Brown v. Board of Education 3 point clue 2 point clue 1 point clue Case ruled by Justice Earl Warren “ Separate is inherently unequal” Allowed integration in schools
3. Sonya Sotomayor 3 point clue 2 point clue 1 point clue A current justice of the Supreme Court Nominated and confirmed in 2010 First Latina justice
4. Amicus curiae 3 point clue 2 point clue 1 point clue This allows lawyers to argue their briefs in front of the Supreme Court Phrase used heavily by interest groups Means “friend of the court”
5. Judicial Review 3 point clue 2 point clue 1 point clue About 60 nations have something resembling this In contrast, Parliament is supreme in Britain Right of the federal courts to declare laws unconstitutional
6. Strict-Constructionist Approach 3 point clue 2 point clue 1 point clue Judge should only judge Confine judges to applying rules only in the constitution A conservative approach to the courts
7. District Courts 3 point clue 2 point clue 1 point clue At least one per state They don’t hear appeals; original jurisdiction A type of court that serves as a trial court at the federal level
8. Court of Appeals 3 point clue 2 point clue 1 point clue Congress created this in 1891 and there are 13 Created to help lessen the workload of the Supreme Court They have the appellate jurisdiction
9. Writ of Certiorari 3 point clue 2 point clue 1 point clue Requires the need to interpret law Directs a lower court to set up the records of a case Means “made more certain”
10. Regents of the University of California v. Bakke 3 point clue 2 point clue 1 point clue Court ruled against the use of quotas This case upheld the legality of affirmative action This case had to deal with the University of California
11. John Jay 3 point clue 2 point clue 1 point clue Was the justice for Chilsolm v. Georgia I was the first Supreme Court Justice I helped write the Federalist Papers
12. Certificate 3 point clue 2 point clue 1 point clue Lower court asks supreme court about a rule of law in specific cases This could be used if a lower court needs guidance A type of document
13. United States v. Lopez 3 point clue 2 point clue 1 point clue Court case that occurred in 1995 Violation of the commerce clause Federal Gun-Free School Zone Act was declared unconstitutional
14. Majority Opinion 3 point clue 2 point clue 1 point clue When this happens the Chief Justice selects who will write the opinion The judges agree The majority of the justices agree on the decisions and its reasons
15. Concurring Opinion 3 point clue 2 point clue 1 point clue A type of belief Same opinion as the majority but different reasoning Opinion where justices end up agreeing
16. Dissenting Opinion 3 point clue 2 point clue 1 point clue Disagree What justices do A justice or justices who disagree with the majority opinion
17. Executive Privilege 3 point clue 2 point clue 1 point clue Withholding information A right of the President Right of the President to withhold information from Congress or refuse to testify
18. Warren Earl Burger 3 point clue 2 point clue 1 point clue His term was from 1969-1986 He was chief justice for Roe v. Wade and US v. Nixon His last name makes me hungry
19. Roe v. Wade 3 point clue 2 point clue 1 point clue This had to do with the Burger Court This case ruled that Nixon did not have executive privilege Permitted abortions
20. Judicial Activism 3 point clue 2 point clue 1 point clue This philosophy advocates applying the Constitution to social and political questions Court should play an active role in determining national policies Another term for judicial intervention
21. Judicial Restraint 3 point clue 2 point clue 1 point clue Philosophy that court should avoid taking initiative Court should operate strictly within the limits of the Constitution Limited use of judicial powers
22. Thurgood Marshall 3 point clue 2 point clue 1 point clue Nominated by President Lyndon B Johnson A revolution for the Supreme Court First African American to serve on the Supreme Court
23. Dual Court System 3 point clue 2 point clue 1 point clue The nature of the court system Shared power of the national and state governments The distinction of state and federal courts that make up the judicial branch of government
24. Constitutional Court 3 point clue 2 point clue 1 point clue Congress created these A type of federal level court Formed to carry out the direction in the Constitution for the courts to exercise judicial power
25. Special Courts 3 point clue 2 point clue 1 point clue Created by Congress Type of federal level curt that deals with military appeals, tax appeals, and veteran appeals Deals with cases deriving from the delegated powers of Congress
26. Judiciary Act 3 point clue 2 point clue 1 point clue Occurred in 1789 First major organizational act of Congress Lead to the creation of district courts
27. Precedents 3 point clue 2 point clue 1 point clue A standard of guide Followed by future cases Guides to be followed in deciding similar cases in the future
28. Senatorial Courtesy 3 point clue 2 point clue 1 point clue Used because of the large number of appointments Used to approve or disapprove potential nominees Allowing individual senators to approve of nominees
29. Stare Decisis 3 point clue 2 point clue 1 point clue Court won’t change their mind Case is decided based on previous decision Means “let the decision stand”
30. Bush v. Gore 3 point clue 2 point clue 1 point clue Case in 2000 with a historic 5-4 decision The Rehnquist majority ruled that Florida’s Supreme Court erred when calling for a recount Result awarded Florida’s electors to G.W. Bush
31. The Supreme Court 3 point clue 2 point clue 1 point clue A type of federal jurisdiction 9 members Decide constitutionality