Civics Unit 4

Constitutional Court

Constitutional Court

Federal courts in which the supreme court can include the court of appeals, the district courts, and the U.S. court of international trade

Special Courts

Federal courts that are made for a special or specific purpose, created by congress to narrow down a large range of chosen cases

Subject Matter and Parties

What cases do federal courts have jurisdiction over?

Subject matter

Cases that involve a specific federal question (interpretation of the constitution, question of maritime law, etc.)

Parties

Cases that fall under the umbrella of one of the governmental parties (If a state is a party of the action, if a person is in the action and the other party is from the other state, involves a foreigner or foreign government, foreign government is a party.)

Exclusive Jurisdiction, Concurrent Jurisdiction, Original Jurisdiction, Appellate Jurisdiction

Four types of jurisdiction:

Exclusive Jurisdiction

Most cases that are allowed to be heard in federal court (meaning whatever case is happening, the person can only be tried in a court under federal law) Usually for important cases including people like ambassadors

Concurrent Jurisdiction

Have the power to share or hear cases that have been made in federal courts

Original Jurisdiction

Defines the court in which the case is first heard

Appellate Jurisdiction

A court that does not retry courts, but can determine if that court was applicable to the law (fair), federal courts can appeal to them

So the government can assure the independence of the federal judiciary making the judge independent

Framers have life tenures?

Judicial Review

Deciding if acts are constitutional or not bast off of what is alluded to or known from the constitution (supreme court role)

When and why the judicial review was first put into place and action

Marbury vs. Madison

Original and Appellate Jurisdictions

Cases the supreme court can hear

Oral Arguments

If they accept a case, the supreme court takes time to hear about it, for two weeks in a row, they listen to cases and determine which ones they will take into consideration

Briefs

Short written statements that are given to the court of each party before the actual oral arguments begin

Court in Conference

Secret meetings in which justices consider which side of the case they will preside on if any (usually on fridays)

Majority Opinion

The final opinion of the court, identifies the issue that was brought and make their final decisions

Concurring Opinion

One or multiple justices who are on the majority side of the decision may write an opinion, which is to make a point emphasizing majority opinion

Dissenting Opinion

Written by justices who are on the minority side, expressing points opposing the majority side’s final conclusion