Studied by 20 people
Rule of Four
Only four of the supreme court justices have to hear a case for all nine to hear it.
If a hearing is denied, the previous ruling stands.
Supreme Court hears about 100 cases a year.
If there is a tie in the ruling, previous ruling stands.
Direct Appeal
Your right to appeal is guaranteed
How is a Supreme Court Justice appointed?
Appointed by President, but confirmed by the Senate.
Becomes a “lasting legacy” for the President that appointed Justice
How long does a Supreme Court Justice serve?
For life or until retirement
Writ of Centiorari
Happens when the Supreme Court agrees to look at a case. All previous info/documents from lower courts are sent to the Supreme Court for review.
Opinion of the Court
Decision plus rationale.
If the Court Justice is on the winning side, he decides who writes the rationale. If the Court Justice is not on the winning side, the most senior justice decided who writes rationale.
Concurring Opinion
Justice agrees with winning decisions, but has different reasoning and writes about it.
Dissenting Opinion
Written by justices that disagree with the ruling.
Recuse
Justice does not participate in ruling for some reason (ex: already heard case in lower court)
Judicial Review
The right of any court to declare law or government action invalid, because it violates the Constitution
Common Law
Also known as case law
Uniform across the nation
Similar punishments for similar crimes
Precedent
When a judge looks at past decisions to dictate current ruling.
What can precedent lead to?
Accept and follow from previous ruling
Modify or update previous ruling
Distinguish your case from another - new ruling
Overrule from previous case (ex: Roe v Wade)
Equity Law
There is no precedent
Rulings are judicial decrees - not yes/no rulings
Statutory Law
Created and passed by legislative body at all levels (local, state, federal)
Criminal Case
Must be proven “beyond a reasonable doubt”
Title of case has municipality (State, City, Country, etc)
Civil Case
Must have ”preponderance of evidence” aka be more convincing than the other side
Individuals and corporations suing each other
Demurr
Motion to dismiss a civil case
How are cases written? Which name goes first?
During first trial, Plaintiff is first, Defendant is second.
During appeals process, the one appealing is first, the winner of first trial is second.
What is an appellate court?
Where all appeals go
A three judge panel decide if a retrial is needed or if the case is finalized - when there are more than three judges, it is a very important case and should watched closely
Florida is in the 11th appellate court
Constitutional Laws
“Supreme law of the land”
All other laws must follow the Constitution
Executive Orders
Declared by elected officials (Can easily be undone by the next person)
All still go through judicial review
Administrative Agency
EX: FDA, FTC, etc
Courts review any agency policy
Judicial Laws
Changed through appellate court
En banc
When more judges look at appeal case
Usually eleven judges, instead of three
Trial Court
“Fact finding court”
Settled Law
9-0 ruling in Supreme Court
Very unlikely for the court to hear a similar case any time soon, because they feel as though they have clarified the law
Narrow Ruling
Justices saying that the ruling should not be considered precedent
Based solely on facts of that case
Grand Jury
16 to 23 people that decide if there is enough evidence to go to trial
Usually part of grand jury for any where from 30-90 days, but depends on population of the area
Only used for criminal cases
Note 
Flashcard (46)