Quiz 1 (9/10)

Statute

Law passed by Congress or a State Legislature

Ordinance

Law passed by a local government (townships, municipalities, cities)

Constitutions

Outline how the government functions. These exist at the State and Federal level, but the Federal level remains superior to the others. It is also referred to as the blueprint of government

US Code

Holds all law created in the US. Has 54 volumes and over 60,000 pages

Rules and Regulations

Law created and interpreted by Federal Agencies, Congress delegated this power to the bureaucries under the Administrative Procedure Act

Federal Register

All new rules and regulations go here; everything is published on weekdays and non-holidays to the public

Code of Federal Regualtions

A code published annually that holds all the rules from that year. In 2019, it has about 185,984 pages and 242 volumes

Precedent

Past court decisions serve as a guide for future decisions on similar matters. It provides consistency and stability in the law

United States Reports

Where all SCOTUS decisions are published

Majority Decision

What becomes law

Concurring Decision

Those that are in agreement with the majority decision

Dissenting Decision

Those that are in disagreement with either what the decision was, or how the decision was made

How can Congress overturn statutory cases?

They can do so by creating a new law

How can Congress overturn a Constitutional case?

By creating a new Constitutional Amendment

Vertical Precedent

The courts follow each other’s precedent from highest to lowest when ruling, with SCOTUS being on the top

Horizontal Precedent

When courts use precedent from their same level

Ex. A circuit court cites another circuit courts decision on a similar matter

How many courts of appeals and circuits are there?

There are 11 circuits and 13 courts of appeals

Which circuit is the largest geographically and population wise?

The 9th circuit, which includes:

California, Nevada, Arizona, Oregon, Washington, Montana, Idaho, and Alaska

What is the minimum and maximum requirements for district courts in states?

States are allowed to have a maximum of 4 district courts, but are required to have at least 1 district. Typically, larger states have 4 and smaller states maintain 1

How many cases does the Supreme Court take per year?

Around 60 cases per year, with around 5,000 being petitioned per year as of recently

Paid Cases

Where you pay a lawyer to represent you in the SCOTUS, in addition to a $300 fee

In Forma Pauperis Cases

Cases where a client is unable to hire a lawyer or afford fees, so they are waived by the court in addition to a provided lawyer.

This stemmed from Gideon v. Weinwright when he was denied a lawyer, but it was deemed unconstitutional

Plenary Docket

All cases that the court will fully review for that year

Merit Briefs

A written brief filed by a clients lawyer as to why they believe they should win their case

Oral Briefs

About an hour-long period of time where the lawyers get to speak in front of SCOTUS. This period is usually for the justices to ask any and all questions they have, rather than a formal oral argument

Mandatory Cases

SCOTUS is required to hear a certain number of cases, but it was adjusted in 1988.

Amicus Curiae Brief

When a third-party organization files a case, even though they are not directly attached to the case

Ex. The ACLU filing for the wrongdoing of someone else

The Rule of 4

In order for a case to be heard, 4 of the 9 Supreme Court Justices must agree that the case should be heard

Mandatory Jurisdiction

These are cases that have to deal with voting rights, and SCOTUS cannot choose to not hear them. Also district courts are also mandatory

Original Jurisdiction

Cases where the court hearing them is the first court to do so. For SCOTUS, this is cases with disputes between states or ambassadors. Trial courts also have original jurisdiction for criminal cases

Ex. When New York and New Jersey fought over which state Ellis Island was part of

Third Circuit

Consists of Pennsylvania, Delaware, and New Jersey

Discretionary Jurisdiction

SCOTUS can choose what cases they want to, and do not want to hear

Diversity Jurisdiction

When one person sues someone from another state, and the value is over $75,000, it can be heard in federal court

Removal Jurisdiction

When a case can be moved from state court to federal court

Appellate Jurisdiction

What the court hears on appeal or from a writ of certiorari. This can be adjusted by Congress

Certiorari Stage

1. Petition of a Writ

2. Brief in Opposition is filed by other party

3. Reply Brief from the petitioner is filed

4. Supplemental brief giving any new information that may be relevant can be filed, but does not always happen

Rule 10

Outlines what the court is looking for in Writs of Cert. Explains that it is not a right to have it granted, and that is primarily looking for cases with conflict amongst the circuit courts/courts of last resort

What should a petition show?

Conflict among the circuits, that the issue is of national importance, that the issue is recurrent and has had time to percolate, and that the case is a good vehicle for a ruling

Plurality

When all justices agree that a ruling is needed, but they cannot commit to getting the necessary majority

Special Concurrence

When a justice agrees with the ruling and votes with the majority, but disagrees with the reasoning