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Chapter 14: The Courts

Important Terms

1. Federal Court System


Docket
a. US District Courts (94) //see page 453
recuse
i. Original and appellate jurisdiction
ii. Trial courts / jury
precedent-setting case
iii. At least one in each state (GA has 3)
watch list
iv. Hear criminal and civil cases
v. Judges appointed by president, serve life terms
b. US Circuit Courts of Appeals (13)
i. 12 hear appeals from district courts
ii. 1 has national jurisdiction
iii. Panel of judges (3 or 5)
iv. No jury
v. GA, FL, AL -> 11th Circuit Court
c. FISA Court
i. Foreign Intelligence Surveillance Court (1978)
1. Approve warrants
2. Natl security letters
a. Formal request for information pertaining to a
particular investigation (that you get in the mail)
d. Special Federal Courts
1. Examples include US Tax Courts, Bankruptcy Courts, etc.
e. US Supreme Court //essay question on test will be about this
i. Original and appellate jurisdiction
1. Original case goes straight to supreme court
a. Any civil case involving a state suing another state
b. Any criminal case involving the prosecution of a
foreign diplomat in the USA
i. VERY RARELY a foreign diplomat will waive
a diplomats immunity to allow local
prosecution in the US.
ii. Highest court in the US
iii. 9 Justices
1. 1 Chief
a. Able to hire clerks
i. Top law school recent graduates
ii. More in book (opinion)
iii. Serve two sessions, two years (huge resume
booster)
2. 8 Associates
iv. Washington, DC
v. Session from October to June
vi. Precedent-setting cases
vii. Rule of Four
1. At least four of the nine justices have to agree to hear a
case before its placed on a courts docket or schedule.
viii. Writ of Certiorari
ix. Affirm
1. Decision approved

x. Reverse
1. Decision overturned
xi. Remand
xii. Types of Opinion
1. Unanimous opinion
2. Majority opinion
3. Minority (dissenting)
4. Concurring opinion
xiii. Senatorial Courtesy
xiv. Strict vs. Broad constructionism
xv. Judicial activism vs judicial restraint

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