Gov Test Chapter 15 9/23/26

Hamiltons view of supreme court in federalist 78

Weakest of the 3

Establishes a courts jurisdiction

Constitution or statute

Main courts of original jurisdiction

Trial courts

Supreme court’s predominate jurisdiction

appellate

judicial review

courts authority to determine that an action by any government body/official violates or doesn’t the constitution

early status of the federal judiciary

weak & little authority

number of courts americans are subject to

2 - federal & state

US court system

dual

common law

judge made law grounded in tradition and previous judicial decisions

stare decisis

judges to identify previously decided cases with similar facts and then apply to the current case

constitutional law

a newly established court in the US.

had no written law to guide its decision

highest form of US law

US constitution

US statutes and acts

legislative law
written by state legislators and congress

US code

complication of all laws ever passed by congress. 50 sections spanning a range of issues

penal code

legislation that defines crime

executive orders

allow the president to direct federal agencies on how to manage operations

administrative rule making

the process that government agencies use to create, change, or cancel regulations

state legislation

vast majority of crimes determined by this

violation of criminal law

conduct considered harmful to the peace and safety. Gov files suit.

Tort

when a persons body/property is harmed by anothers negligence/wrongful act

criminal v civil law differences

criminal - decide if someone breaks the law

civil - resolve private disputes

courts of last resort

supreme court or state supreme court

federal district courts established by

congress

jurisdiction of federal courts

a federal question/diversity of citizenship

FISA

foreign intelligence surveillance act court. procedures for government collection of human and electronic intelligence

number of federal district courts in the US court system

94

number of federal courts of appeals

13

purpose of US court of appeals

renew decisions and procedures from lower district courts to ensure the law was applied correctly and trial was fair

number of justices on the supreme court

9

symbolic representation

diversity among the government officials

descriptive representation

a legislature mirrors the demographic characteristics of it’s constitutes, like race, gender, ethnicity or socioeconomic backround

supreme court appointments by obama

sotamayor and kagan

selection of federal judges

appointed by president, approved by senate

senatorial courtesy

a custom where the senate wont confirm a presidental nominee if they are opposed by one/both senator from nominee home state

number of female justices in history

6

influences in appointing federal judges

demographic, judicial qualifications, ideologically, pressure from interest groups

collegial court

made up of a court of judges who evaluate cases together and decide outcome. compromise takes place for majority.

certiorari petition

a petition submitted to supreme court requesting review of a case already decided

the supreme court clerks

young lawmakers assisting justices w/ legal research. draw cert memos.

rule of four

supreme court justices determine if they will hear a case if 4 or more justices want to hear it

most opportunities for civic engagement during supreme court hearings

amicus curiae breifs. interest groups can appear before judges.

attitudinal model

decision making model, claims is guided by policy and ideological preferences of individual judges

concurring opinion

a separate written statement by a judge who agrees with the winning outcome of a court case, but uses different or additional legal reasoning to get there

the warren court

used an activism stance to make landmark decisions on civil rights, federal power, etc. using common law doctrine

the rehnquist court

conservative leaning activisim. favored states rights (federalist) and restricted federal power

congressional checks on the court

congress power to create all federal courts (excluding supreme) limit and balance the power of supreme court and judiciary branch

roberts court

conservative current era

conservative

conservative

closest confirmation vote in supreme court history

thomas or kavanaugh

liberal justices of the supreme court

RGB → sotamayor/jackson

conservaitve justices of the supreme court

thomas, roberts, alito, gorsuch, kavanaugh, coney-barett

gallup opinion polls

public approval and trust in judicial branch has fallen to historic lows. judicial branch always first.