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GOV TEST #3
| Term | Definition |
|---|---|
| 3 DISTICTION LEVELS OF U.S COURTS.. | 1. U.S SUPREME COURT 2. U.S CIRCUIT OF APPEALS 3. U.S DISTRICT COURTS |
| ORIGINAL JURISDICTION | TRADITIONAL COURT WITH JURY, ETC. |
| APELLATE JURISDICTION | COURTS HEAR APPEALS |
| U.S DISTRICT COURTS | - WERE CREATED BY CONGRESS - TODAY EACH STATE HAS AT LEAST 1 - NO STATE HAS MORE THAN 4 - ONLY 3 STATES HAVE 4 DISTRICT COURTS: TEXAS, NEW YORK, AND CALIFORNIA. - INSTEAD OF CREATING MORE DISTRICT COURTS, CONGRESS INSTEAD JUST ASSIGNS MORE JUDGES. |
| U.S DISTRICT COURTS | - ONLY HAVE ORIGINAL JURISDICTON AND THEY HEAR CRIMINAL AND CIVIL CASES. - 3000,000 CASES FILED, VERY VERY FEW EVER MAKE IT TO SUPREME COURT. - 94 DISTRICT COURTS - RANGE OF JUDGES PER COURT IS 1-30 |
| U.S CIRCUIT COURTS OF APPEALS | - 13 COURTS OF APPEAL -2 COURTS OF APPEAL ARE IN D.C -11 COURTS OF APPEAL ARE ALL OVER U.S CIRCUIT -THE NUMBER OF JUDJES PER COURT RANGES FROM 6-30 -TEXAS, LUISIANA AND MISSISSIPPI ARE IN THE 5TH CIRCUIT |
| U.S CIRCUIT COURTS OF APPEALS | -THE 5TH CIRCUIT APPELATE COURT IS LOCATED IN NEW ORLEANDS - THEY ONLY HAVE APPELATE JURISDICTION - THEY ONLY HEAR APPEALS FROM DISTRICT COURTS - THEY USUALLY DIVIDE THE WORK AND WORK IN GROUPS OF 3 -55,000 APPEALS ARE FILED YEARLY |
| U.S SUPREME COURT | - CREATED BY THE CONSTITUTION - HAS ORIGINAL AND APPELATE JURISDICTION - THEY HAVE DIPLOMATIC IMMUNITTY (SUPPOSED TO BE PUNISHED BY HOME COUNTRY) - SUPREME COURT JURISDICTTION ONLY COVERS EMBASADORS - THE SUPREME COURT MEET FROM OCTOBER-JUNE |
| SUPREME COURT ORGANIZATION | - 9000 APPEALS ARE FILED ANNUAL - THEY ARE NOT REALLY INTERESTED TO CORRECT LOWER COURTS - THE SUPREME COURT PURPOSE IS TO INTEPRET THE CONSTITUTION - WHILE IS SESSION THEY MEET EACH FRIDAY WITH CLOSE DOORS IN CONFERENCE |
| SUPREME COURT ORGANIZATION | - IT ONLY TAKE ONE JUDGE TO BRING UP AN APPEAL - IT IS ESTIMATED THAT ABOUT 30% OF THE APPEALS ARE BROUGHT UP AND DISCUSSED - IT HAS THE RULE OF 4 - ABOUT 300-350 WRITS OF CERTITORY ISSUED ANNUALLLY |
| CASES THAT WILL GO STRAIGHT TO SUPREME COURT | 1. ANY CASE INVOLVING FOREIGN EMBASADORS 2. FEDERAL CASES INVOLVING A STATE |
| SUPREME COURT ORGANIZATION | - 9 JUDGES - 1 CHIEF JUSTICE AND 8 ASSOCIATE JUSTICES - THE CHIEF JUSTICE IS APPOINTED BY THE PRESIDENT. ONLY WHEN THERE IS A VACANCY - USUALLY THEY DONT PROMOTE WITHIN THE COURT, THEY GO OUTSIDE THE COURT |
| RULE OF 4 | NUMBER OF JUDGES THAT MUST AGREE TO CALL A CASE OUT |
| WRIT OF CERTITORY | ORDER TO LOWER COURT CALLING CASE UP ON APPEAL |
| 2 grounds that make up federal jurisdiction | 1) according to nature of controversy 2) according to parties involved |
| According to nature of controversy | - us contitution - a national law - a treaty - admiralty and marit time |
| According to parties involved | - u.s government - a foreign embasador - 2 or more states - state or citizen of another state - citizens of different states/ $75,000 |
| process of writ of certitory | the writ of certitory will file a date for written briefs - this means that on a certain dates,lawyers will present and look at the cases. |
| Friends of the court | third parties that are interested in the case and can also file for briefs.(companies, gov, etc.) |
| oral argument stage | the lawyers are going to appear in person and give a verbal presentation. ( usually each side only has 30 minutes to speak, this 30 minutes are very strictly enforced). |
| The opinion of the court | the explanation of the court, the written explantion. usually the chief justice writes it. if the chief justice does not vote with the majority, the senior member on the majority will asign who writes the opinion. |
| concuring opinion | when another judge wants to write their own opinion. |
| desenting opinion | when a judge from the losing side writes their own opinion |
| selection of jufges | all federal judges are nominated by the president, confirmed by the senate and then appointed by the president. |
| judge selection in u.s district courts | The senator gets to choose the as long as he is from the same party as the president. |
| judge selection in the u.s circuit court of appeals | it varies from circuit to circuit and it depends on how well the judges get along. |
| judge selection in the u.s supreme court | the president appoints whoever he wants. the most important factors for a president to nominate someone- 1) political philosophy 2) judicial afiliation. |
| texas penal code |
Created by:
diana84
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