Jurisdiction Types and Judicial Philosophies

Study Notes

Jurisdiction Types

Exclusive jurisdiction refers to cases that can only be heard in federal courts, such as those involving foreign ambassadors or officials.
Original jurisdiction is the authority of a court to be the first to hear a case, often referred to as the court of first instance.
Appellate jurisdiction allows a court to review decisions made by lower courts.
Concurrent jurisdiction is shared power between federal and state courts to hear specific cases.

Judicial Philosophies

Judicial restraint advocates for judges to base decisions on the original intent of the lawmakers and on prior rulings (precedent).
Judicial activism supports interpreting and applying laws in consideration of modern conditions and societal values.

Legal Principles

Precedent establishes a court decision that serves as a later reference for similar cases.

Military Courts

Military commissions are special courts established to try "unlawful enemy combatants," distinct from regular courts-martial. A significant executive order issued by President Bush in 2001 set these up.
The establishment of military commissions was contentious, requiring congressional authorization through the Military Commissions Act of 2006. Efforts to close Guantanamo Bay faced congressional challenges.

Federal Court System

Federal courts address cases involving federal questions, such as constitutional interpretation, federal statutes, treaties, and maritime law.
The dual court system consists of a nationwide federal court system and individual state court systems, with most cases being tried in state courts.

Supreme Court Dynamics

The "rule of four" states that four justices must agree to hear a case for it to be considered by the Supreme Court.
The Supreme Court's term runs from October to June or July, featuring oral arguments typically limited to 30 minutes per attorney. Presentations are strictly timed, enforced by light signals indicating remaining time.
The Supreme Court has original jurisdiction over a few cases defined in Article III, Section 2 of the Constitution, but most cases are first heard in lower courts.

Description

This quiz tests your knowledge on various types of jurisdiction and judicial philosophies. Learn about exclusive, original, appellate, and concurrent jurisdiction, as well as the principles of judicial restraint and activism. Enhance your understanding of how different courts operate within the legal system.