Federal Courts

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17 Terms

1
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U.S District Court

federal trial courts

2
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What are federal trial courts deal with?

  • cases violate law

  • crimes involve transportation over state lines

  • national security

  • selective service violations (selective service is the draft)

3
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What is the judge serving time for the U.S district court?

  • lifetime appointments but rarely stay

  • served based on their financial position

4
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U. S court of appeals (intermediate)

  • federal appellate for U.S district courts

  • 13 regional courts

  • hears in their geographical district

    • usually, court of last resoet’s for federal cases

5
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U.S supreme court

  • highest court in the U.S generally on appellate court

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how many judges are on the Supreme Court and how to they become judges?

  • 9 justices

  • nominated by the president

  • confirmed by the senate

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what is the original jurisdiction of the Supreme Court?

  • trial court

  • ambassador cases, election cases, state disputes

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What are the selection cases for the Supreme Court?

  • appeal court

    • appeal from a federal appeal court

    • appeal from the state supreme court

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what kind of appeal cases do the Supreme Court usual like to take?

  • cases where the constitutional rights are violated

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What is the process in short of the Supreme Court?

  1. must file a legal petition

  2. clerk reviews for proper filing and payments

  3. court issues a writ of certiorari

  4. Most appeals are decided on the brief alone

  5. opinions

  6. Decisions

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What is the process for the court issuing a writ of certiorari?

  • lower courts must provide everything from the original case

  • cases are randomly assigned to a judge in the SC

  • clerk of judge reviews and makes recommendations to judges

  • rule of four

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What is the rule of four in the Supreme Court?

  • 4 judges must decide the case has merit 

    • then asked to submit your brieef

    • amicus curiae- friend of the court briefs

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Why are most appeals not decided on the brief alone?

  • not admitting new evidence to the case unless it is a post conviction appeal

  • not admitting new testimony to the case

  • may ask to hear oral arguments (30 mins)

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What are the opinions that can be given?

  • majority opinion

  • dissenting opinion

  • concurring opinion

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What is a dissenting opinion?

  • those disagreeing with the ruling

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What is a concurring opinion?

  • agree with the decision but not with the reasoning

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What can the outcome of decisions be?

  • may “affirm” the lower courts decision

    • case ends

  • may remand/reverse and send use back to lower court