polysci final study guide `

The Federal Courts, (Historical Development):

Judiciary Act of 1789

established federal court system separate from state courts, one of the first cases of the First Congress, signed by GW

The Federal Courts, (Historical Development):

AOC offered no court system

judiciary branch depended on states

The Federal Courts, (Historical Development):

Constitution (article III, Section I)

establishes the supreme court

The Federal Courts, (States and Federal Courts):

states can choose own court system

only have state/local jurisdiction

The Federal Courts, (States and Federal Courts):

dual court system

state and federal court handled separately

The Federal Courts, (States and Federal Courts):

Federal Courts are

* U.S. District Courts
* US Courts of Appeals

The Federal Courts, (States and Federal Courts):

State Courts are

* State trial courts,
* State Appellate Courts
* State Supreme Courts

The Federal Courts, (States and Federal Courts):

Whats above Federal Courts and State Courts

The U.S. Supreme Court

The Federal Courts, (Organization of Federal Courts):

District Courts

lowest, general trial courts,

* area of jurisdiction established by legislature, 20% of cases

The Federal Courts, (Organization of Federal courts):

Specialized Courts

trial court that has limited subject-mattter jurisdiction

* concerning particular field of law, 5 judges

The Federal Courts (Organization of Federal Courts):

Circuit Courts

first level of appellate courts,

* common law

(The Federal Courts), Organization of Federal courts:

Supreme Court

highest court

* 9 justices, hears 1% of cases

(The Federal Courts), Federal Judge positions:

are nominated

by president, confirmed by the senate (article III)

(the federal courts), federal judge positions:

can hold office

for life

(The Federal Courts) federal judge positions:

can be impeached by

House of Reps and convicted by the Senate

federal judge positions:

are allowed

to retire

(The Federal Courts) Roles (checks and balances):

can declare laws or presidential actions unconditional

(The Federal Courts), Roles (checks and balances):

cannot set

laws, but can interpret them

(The Federal Courts), Roles (checks and balances):

justices appointed by

Executive and Legislative branch

The Federal Courts, roles (checks and balances):

cannot enforce

decisions, only make rulings

(The Federal Courts) Supreme Court:

about 7k cases are sent to SC per year, but only 100-150 are actually heard

(The Federal Courts) Supreme Court:

if parties are not satisfied with

lower court jurisdiction, they can petition to have it heard by the SC

(The Federal Courts), Supreme Court:

Cases can advance

through appellate court

(The Federal Courts), Supreme Court:

can also hear cases

directly (uncommon)

(The Federal Courts), Supreme Court:

how many justices must vote to hear a case

4/9 justices

(The Federal Courts), Supreme Court:

how many justices must agree on the final vote

5/9 justices

(The Federal Courts), Supreme Court:

who cannot study the case beforehand

no jury, not witnesses

(The Federal Courts), Supreme Court:

Legal Precedents

Previous outcomes are applied to new cases

(The Federal Courts), Judicial Review:

power to declare laws null and void because they are unconstitutional

(The Federal Courts), judicial review:

applies to

federal laws (by congress), executive orders, state and local laws

(The Federal Courts), Judicial review:

can be done by any

court at the appropriate level

(The Federal Courts), Judicial review:

unelected judges are able to

defy public opinion, elected judges are less likely to defy public opinion

(The Federal Courts), Judicial Review:

is not found in

the constitution

(The Federal Courts), Judicial Review:

Established in

Marbury v. Madison (1803), unanimous decision

(The Federal Courts), Judicial Review:

only have reserved laws

146 times since 1789 (less than 0.5%)

(The Federal Courts), Judicial Review:

Dred Scott v. Standford (1857)

Supreme court said enslaved people were not American citizens, so they were not protected by federal court

Webtext Chapter 16

* Expansion of the Supreme Courts influence:

Section 2 Article III

gives the supreme court original and appellate jurisdiction (the ability to review courts found in a lower court)

Webtext Chapter 16

* the Supreme Court was relatively weak until the 20th century because

the supreme court did not have its own building until 1935

Webtext Chapter 16

* Who petitioned the supreme court to issue a writ of mandamus on his behalf?

william marbury

Webtext Chapter 16

* what precedent did Marshalls ruling establish?

judicial review

Webtext Chapter 16

* what is senatorial courtesy

presidential consulation with the senators from a federal district court nominee’s home state

Webtext Chapter 16

* 1st step to filling a supreme court vacancy

vacancy opens due to death or retirement

* president is responsible for nominating a replacement
* the constitution does not specify judicial qualifications leaving the presidnet to nominate virtually anyone as a replacement

Webtext Chapter 16

* 2nd stepp to filling a supreme court vacancy

the president submits the nomination to the Senate for advice and confirmation

* the senate conducts a thorough investigation of the nominees background

Webtext Chapter 16

* 3rd step to filling a supreme court vacancy

the senate judiciary committee holds hearings

* the nominee testifies before the committee

Webtext Chapter 16

* 4th step to filling a supreme court vacancy

the senate judiciary committee votes on the nomination

* the committee then reports the nomination to the full senate with a favorable recommendation, with an unfavorable recommendation, or with no recommendation

Webtext Chapter 16

* 5th step to filling a supreme court vacancy

the full senate votes on the nomination

* a simple majority is required to pass the nomination
* the vice president casts a vote in the case of a tie

Webtext Chapter 17

tort (act or omission that causes harm or injury and results in a civil wrong) law includes claims of

* defamation (damaging someones reputation through libel or slander)
* medical malpractice,
* liability for automobile accidents and other personal injury cases,
* liability for dangerously defective products (such as prescription drugs with serious, undisclosed side effects)

Webtext Chapter 17

* what is a free shifting statute

legal statute that requires the losing defendant to pay the plaintiff’s attorneys fees and costs

Webtext Chapter 17

* what is a contingency fee

a payment to an attorney that is a percentage of their clients award

Webtext Chapter 17

* why do federal judges have a great deal of judicial independence

because they hold their jobs for life regardless of public opinion

Webtext Chapter 17

* what is a retention election

an election to determine whether a judge should keep their position on a bench

Webtext Chapter 17

* in texas courts greatest percentage of female judges

the criminal district courts

Webtext Chapter 17

what court has the highest percentage of latino judges

district courts

Webtext Chapter 17

* who is underrepresented in texas courts

hispanic/latino texans are underrepresented in state courts

Webtext Chapter 17

* 2018 a group of black women conquered judicial elections in which Texas county

harris county

Webtext Chapter 17

* substance abuse played a part in what percentage of legal malpractice cases?

60%

(The Texas Courts), Organization,

Local Courts

Justice of Peace courts:

1 or more per county, small cases (fines), elected

(The Texas Courts), Organization,

Local Courts

Municipal Courts:

optional, appointment by city council, small cases (fines)

(The Texas Courts), Organization,

County Courts

Constitutional County Court:

1 or more per county, can send to jail or fine

(The Texas Courts), Organization,

County Courts

Statutory Courts and Probate Courts:

created by law, roles may vary , Drug/DUI, civil, family law, etc.

(The Texas Courts), Organization,

State Trial Courts

District Courts (court of 1st instance):

main trial court, the only type of state court, deals with felonies, divorce etc.

(The Texas Courts), Organization,

State Appellate Courts

Court of Appeals:

14 courts, different regions, 3-13 judges each, civil or criminal cases, county or district level

(The Texas Courts), Organization,

Courts of Last Resort

Court of Criminal Appeals:

9 judges, jurisdiction over criminal cases

(The Texas Courts), Organization,

Courts of Last Resort

Supreme Court:

9 justices, civil or juvenile cases

(The Texas Courts), Concerns,

Money:

law firms, corporations, interest groups, etc donate money. This could cause conflict of interest

(The Texas Courts), Concerns,

Caseload:

Courts have become overcroweded, so plea bargains are used to get cases out. Cases can also be very delayed

(The Texas Courts), Concerns,

Death Penalty:

1/3 of total cases in TX, easiest state to apply, Death sentences are rarely overturned. Judges are ‘tough on crime’

(The Texas Courts), Concerns,

Representation:

Judges mostly white (72%), prison inmates are most black, white and hispanic. More people of color receive the death penalty

Webtext chapter 18

* what legal system does the US rely on

common law

Webtext chapter 18

* what kind of law is made by municipal and county governments

ordinances

Webtext chapter 18

* what does it mean for a court to have original jurisdiction over a case?

the court has the authority to hear the case first, before any other court

Webtext chapter 18

* what does it mean for a court to have appellate jurisdiction?

the court hears cases that were originally tried in other courts

Webtext chapter 18

* what is true about the appeals process

no new facts or evidence may be introduced during an appeal

Webtext chapter 18

* two sources set the formal requirements to serve as a state judge in Texas

the texas constitution and the texas legislature

Webtext chapter 18

* do all texas judges have to be licensed to practice law

no, constitutional county court judges and justices of the peace do not have to be licensed to practice law

Webtext chapter 18

* what judges have to satisfy the most rigorous requirements before they can assume their posts

appeals court judges

Webtext chapter 18

* municipal judges serve terms of what length

2 years

Webtext chapter 18

* length in office can influence judges decisions, if they have a short term length of two years, how might this affect the way they make decisions?

the judge will consider public opinion when making legal decisions

Webtext chapter 18

* problems with longer term lengths for judges

judges can rule based on personal bias since they are less frequently held accountable

Webtext chapter 18

* what is the purpose of the Commission on Judicial Conduct

to consider whether a judge has violated the Code of Judicial Conduct

Webtext chapter 18

* andrew Cohen how does the Texas code of Judicial Conduct affect judicial campaigns

it doesn’t have much of an effect on political activity during judicial campaigns since judges still discuss their political ideology

Webtext chapter 18

* two main ways in which states select their judges

* by appointment (usually through the executive branch, with the help of a nominating committee)
* by election

Webtext chapter 18

* what is the hamiltonian theory of government

judges cannot be independent if they’re worried about reelection. Instead of vesting the people with the power to elect and remove judges, this view maintains that it is better to hold accountable the political branches responsible. for appointment, and to occasionally use the impeachment process to remove judges who fail to do their jobs

Webtext chapter 18

* why are independence and accountability condsidered contradictory goals with respect to judges?

accountability limits independence

Webtext chapter 18

* what concern was of primary importance to the drafters in the texas consititution when creating the judicial selection system?

the accountability of judges

Webtext chapter 18

* what is the result of judges not receiving much media coverage during election season, and not spending as much as other politicians on advertising?

voters must take it upon themselves to become informed about judicial election, if they choose to do so

Webtext chapter 18

* what allows judges to focus on cases that will contribute to something meaningful to the understanding of the law?

the principle of discretionary review, which holds that the supreme court and the court of criminal appeals may choose the appeals cases they wish to hear

* discretionary review allows judges to focus on cases that will contribute something meaningful to the collective understanding of law

Webtext chapter 18

* effect of partisan elections on the abilites and competence of judges in texas as compared to other states with different systems for selecting judges

texas judges may have less experience due to electoral turnover

* nonpartisan judcial elections, merit appointment systems, or lifetime appintment systems

(Civil Liberties)

Civil Liberties

are

political freedoms that protect individuals from abuses of power by the government (ex. free speech, freedom of press, fair trial)

(Civil Liberties)

Civil Liberties

employers and individuals still allowed to punish

only protects from government

(Civil Liberties)

History

Declaration of Independence:

fundamental rights to “life, liberty, and the pursuit of happiness”

(Civil Liberties)

History

Constitution:

No guarantee of rights/liberties, but some protection through checks and balances

(Civil Liberties)

History

Bill of Rights:

first 10 amendments of constitution

(Civil Liberties)

States

some states

have their own bill of rights

(Civil Liberties)

States

initially, bill of rights/ constitution only applied to

federal government

(Civil Liberties)

States

14th amendment

first to limit states directly, no state can make law to deprive person of their rights

(Civil Liberties)

States

15th amendment:

voting rights cannot be denied by race or color

(Civil Liberties)

States

selective incorporation:

bill of rights extended to states by Supreme Court on a case-by-case basis

(Civil Liberties)

Freedom of Speech/Expression

1st Amendment

freedom of speech, press, assembly, and petition government

(Civil Liberties)

Freedom of Speech/Expression

important to democracy

people are allowed to think and speak for themselves, arrive at better solutions, prevents tyranny