Civics Unit 4

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Constitutional Court

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20 Terms

1

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

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2

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

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3

Subject Matter and Parties

What cases do federal courts have jurisdiction over?

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4

Subject matter

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

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5

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.)

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6

Exclusive Jurisdiction, Concurrent Jurisdiction, Original Jurisdiction, Appellate Jurisdiction

Four types of jurisdiction:

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7

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

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8

Concurrent Jurisdiction

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

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9

Original Jurisdiction

Defines the court in which the case is first heard

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10

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

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11

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

Framers have life tenures?

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12

Judicial Review

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

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13

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

Marbury vs. Madison

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14

Original and Appellate Jurisdictions

Cases the supreme court can hear

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15

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

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16

Briefs

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

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17

Court in Conference

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

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18

Majority Opinion

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

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19

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

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20

Dissenting Opinion

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

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