JEOPARDY #1 - Ch. 16

PARTY TIME Just In Case Principle Things TermsJurisdictionWho’s Who

PARTY TIME The parties 2. The party who complains 3. The party against whom a complaint is made

PARTY TIME What are the litigants, the plaintiff, and the defendant?

PARTY TIME- 200 Period of time after which “the party’s over” for a party’s oral argument before the Supreme Court

PARTY TIME What is 30 minutes?

PARTY TIME The requirement that plaintiffs must have a serious interest in a case which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or from an action of government

PARTY TIME What is standing to sue?

Party Time Of these, the most likely plaintiff if a lawyer from the Justice Department is arguing the case for the defense: a.An official of the US governmentAn official of the US government b.A high official of one of the statesA high official of one of the states c.An individual accused of an illegal action against a stateAn individual accused of an illegal action against a state d.An individual accused of a federal crimeAn individual accused of a federal crime e.An individual or group involved in a civil lawsuit against the U.S. governmentAn individual or group involved in a civil lawsuit against the U.S. government

PARTY TIME What is e. “ An individual or group involved in a civil lawsuit against the U.S. government”?

PARTY TIME “Friend of the Court” briefs filed by interested parties which are not party to the suit

PARTY TIME What are amicus curiae briefs?

Just in Case The power of judicial review was first used in John Marshall’s majority opinion in this case

Just in Case What is Marbury v. Madison?

Just in Case Term for cases involving citizens of different states

Just in Case What are diversity cases?

Just in Case The usual way a case gets to the Supreme Court is through the granting of one of these

Just in Case What is a writ of certiorari?

Just in Case It’s the rule which determines whether or not the Court will hear a case

Just in Case What is the Rule of 4?

Just in Case It’s the motion filed by a mendicant who lacks the fee for filing a case

Just in Case What is in forma pauperis?

Principle Things Presidents generally honor the principle of senatorial courtesy in appointing judges to these courts

Principle Things What are district courts?

Principle Things The use of previous decisions in similar cases as a basis for judgment in a current case

Principle Things What is legal precedent?

Principle Things The practice of letting established precedents stand and deciding court cases with reference to those previous decisions

Principle Things What is stare decisis?

Principle Things Issues which are more appropriately decided by Congress and the president

Principle Things What are political questions?

Principle Things Judicial philosophy reflected in this statement: “Where there is ambiguity as to the precise meaning or reach of a constitutional provision, it should be interpreted and applied in a manner so as to at least not contradict the text of the Constitution itself.”

Principle Things What is judicial restraint?

Terms The view that the Constitution should be interpreted according to the founders’ purpose

Terms What is original intent?

Terms Lawsuits filed by a small number of plaintiffs on behalf of a much larger number of individuals who have suffered similar injury

Terms What is a class action suit??

Terms The one is segregation by law and the other is in actual fact

Terms What are de jure and de facto?

Terms Whether or not a case presents a real controversy in which a judicial decision can have a practical effect

Terms What is mootness?

Terms Whether or not the issues of a case are clear enough and evolved enough (time is right) to serve as the basis for a decision or a fruit is ready to eat

Terms Who is ripeness?

Jurisdiction Court which would have original jurisdiction in a case in which one state is suing another: a.The plaintiff state’s Supreme CourtThe plaintiff state’s Supreme Court b.The defendant state’s Supreme CourtThe defendant state’s Supreme Court c.A U.S. District CourtA U.S. District Court d.A U.S. Court of AppealsA U.S. Court of Appeals e.The Supreme CourtThe Supreme Court

Jurisdiction What is e. The Supreme Court?

Jurisdiction Situation in which the Supreme Court holds original jurisdiction: a.Criminal intentCriminal intent b.Civil cases over $500,000Civil cases over $500,000 c.The US as a partyThe US as a party d.Cases affecting ambassadors & ministersCases affecting ambassadors & ministers e.Cases w/ parties from different statesCases w/ parties from different states

Jurisdiction What is d. Cases affecting ambassadors & ministers ?

Jurisdiction Work horses of the federal system, it has only original jurisdiction and is interested in questions of fact only

Jurisdiction What are the district courts?

Jurisdiction Interested in statutory interpretation and constitutional questions, they hear appeals from the federal district courts

Jurisdiction What are the Courts of Appeal?

Jurisdiction Established by Congress in 1982, it has 12 judges and specializes in patent cases, but has no original jurisdiction in any cases

Jurisdiction What is the U.S. Court of Appeals for the Federal Circuit?

Who’s Who Arguably more powerful than age and experience might allow, they read cert petitions and write the memos which Supreme Court justices use as a basis for deciding which cases to hear

Who’s Who Law clerks

Who’s Who Prosecutor nominated by the president and confirmed by the senate for each of the 94 federal district courts

Who’s Who Who is the U.S. Attorney?

Who’s Who Members of this committee consider the president’s judicial nominees

Who’s Who What is the Senate Judiciary Committee?

Who’s Who #3 in the Justice Department, he or she argues cases for the government before the Supreme Court

Who’s Who Who is the Solicitor General?

Who’s Who Since clerks are not allowed in, he or she opens the door during the conference

Who’s Who What is the most junior justice?