judicial branch

What article? and which court is in const

3rd, supreme

What are the three levels?

District then Circuit Cort of Appeals, then Supreme

terms?

life, appointed by prez, confirmed by senate

where do most things go

State court

When is it fedreral

On federal land, between two states, when you cant see where you would do it/ issue with const/ treaties

whats treason?

Levying war/aid or comfort to enemies/ requires 2 witnesses

federalist 78

judcial review (justification for Marbury v Madison)

permanancy of judges protects public (b/c no relection)

what is original jurisdiction?

First time case

What is apellate jurisdiction

Appeals, disagree with previous descision

when do you use district court?

tax evasion/ counterfeiting/ drugs/ immigration

How many district courts?

94

How many attorneys are in each district court?

1, appointed by prez, conf by senate (part of department of justice)

What is a civil case?

usually state, minor cases but fed if… sue from another state, someone who works for the governmnet

When was U.S. CC of A made, and how many courts

1891, scotus overwhelmed/ 13 courts (11 geographic) 1 dc 1 federal

certiorari

appeal/ make more certain

SCOTUS

9 judges congress decides, prez appoints/ senate approves

Marbury vs madison

Judicial review

precedent

ruling firmly established a legal principle

stare decisis

Let rulings stand (gay marriage)

binding precedent

lower courts cannot overturn

pursuasive precedent

other courts (lower) desicions that are not binding

standing

must have reason, must be injured

Muculloch v Maryland

Elastic/ necesarry and proper—> (B.S.S. Taxation)

Dred Scott v. Sandofrd

Taney court, stated he had no standing (not a person)

Eaxample of overturning precedent

Roe V. Wade to Dobbs v Jocksons womens health organization

What is Judicial Activism

Strikes or changes laws to make change

Lochner presedent

Sides with Corperationa

When did this change

FDR bully pulpet

West coast hotel vs parrish

upheld wsh, minimum wadge

strict constructionist

Follows exactly what is written

Liberal Construcationist

Living document

Origional Constructionist

How did the founding fathers feel?

Miranda v. arizona

Let to the saying of miranda rights, was not legal bc they interrogated him for 8 hours

Judicial restraint

defer to state laws already there

Petition for certiorari

Ask for SCOTUS to take

Rule of 4

4 must agree in order to take case

majority/ dissenting

Agree/ disagree

Concurring

Agree/ but different reason why

per curiam

Desicion without full explanation

Judges (7)

Roberts/ thomas/ kagan/ alito/ sotomayer/ Barrett/ Jackson