american national government ch 7

john marshall

He was the fourth Chief Justice of the U.S. Supreme Court (1801–1835) and is known for greatly strengthening the power of the Supreme Court and the federal government. He established the principle of judicial review in Marbury v. Madison, which gave the Court the power to declare laws unconstitutional.

marbury v madison

1803) — A landmark Supreme Court case that established the principle of judicial review, giving the Supreme Court the power to declare laws passed by Congress or actions by the president unconstitutional. This greatly increased the Court’s authority and made it an equal branch of government.

judicial review

The power of the courts to examine laws or government actions and decide whether they violate the Constitution. If they do, the courts can strike them down as unconstitutional.

common law tradition

A legal system based on custom, precedent, and court decisions rather than only written laws. Judges rely on past rulings to decide new cases, ensuring consistency and fairness over time

precedents

Past court decisions that serve as a guide or example for judges when deciding future cases with similar facts or issues. They help keep the law consistent and predictable.

dual court system

The U.S. has two separate court systems: the federal courts and the state courts. Each system handles different types of cases but sometimes overlap, ensuring both national and local laws are enforced.

criminal law

The area of law that deals with crimes and punishments. It involves actions considered harmful to society, where the government prosecutes individuals or groups for breaking the law (like theft, assault, or murder).

civil law

The area of law that deals with disputes between individuals or organizations, rather than crimes. It usually involves issues like contracts, property, family matters, or personal injury, where one party seeks compensation or another legal remedy.

judiciary act of 1789

A law passed by Congress that created the federal court system. It established lower federal courts beneath the Supreme Court and set up the structure and jurisdiction of the federal judiciary, helping organize how justice would be carried out in the new nation.

dred scott v sandford

A Supreme Court case in which the Court ruled that enslaved people were not citizens and had no right to sue in federal court. It also declared that Congress couldn’t ban slavery in U.S. territories, which greatly increased tensions leading up to the Civil War.

brown v board of education

A landmark Supreme Court case that ruled racial segregation in public schools was unconstitutional. It overturned Plessy v. Ferguson and declared that “separate but equal” facilities are inherently unequal, helping to spark the civil rights movement.

john jay

appointed to serve the first supreme court chief justice

john marshall

declared the marbury v madison decision by power of judicial review

judicial review

civil code traditioin

law should be as exhaustive and specify each situation as possible

common law tradition

law is more of a broad framework rather than super specific. how can the law be applied to this crime

state courts

hear most day to day cases covering 90% of all cases

hear both civil and criminal matters

help the states retain their own sovereignty in judicial matters over their state laws, distinct from the national government

federal courts

hear cases that involve a federal question involving the constitution, federal laws or treaties, or a federal party in which the us government is a party to the case

hear both civil and criminal matters, although many criminal cases involving federal law are tried in state courts

hear cases involve interstate matters, diversity of citizenship involving parties of two different states or between a us citizen and a citizen of another nation and with a damage claim of at least 75,000$

direct courts (x94)

usually refers to trial courts, where cases begin and are heard for the first time. These courts handle evidence, hear witnesses, and make initial rulings or verdicts.

courts of appeal(x13)

a higher court that reviews decisions made by lower trial courts. It does not hold new trials but checks if the law was applied correctly and if the legal procedures were fair.

supreme court

is the highest court in the judicial system. It reviews decisions from lower courts, interprets the Constitution, and makes final rulings that all other courts must follow.

solicitor general

is the lawyer who represents the federal government before the Supreme Court. They decide which cases the government will appeal and argue those cases on its behalf.

senate judiciary committee

a group of U.S. senators that oversees the Department of Justice, reviews judicial nominations (including Supreme Court justices), and holds hearings before judges are confirmed.

confirmation hearing

a formal meeting where the Senate questions and evaluates a nominee for a government position, such as a judge or Supreme Court justice, before deciding whether to approve them

how many and what type of justices are on the supreme court

1 chief justice

8 associate justices

9 total justeces

rule of 4

4 of the supreme court justices must approve to hear the case in order for it to be heard

once the rule of 4 is fulfilled what happens next

the supreme court will authorize a Writ of Certiorari

what is a writ if certiorari

an order from the Supreme Court agreeing to review a case from a lower court. It’s how most cases reach the Supreme Court, but the Court chooses only a small number of requests each year.

supreme court original jurisdiction

supreme court appellate jurisdiction

supreme court briefs

written documents submitted by each side in a case, explaining their arguments and legal reasoning to the justices

Amicus Briefs

(or “friend of the court” briefs) are submitted by outside groups or individuals who are not part of the case but want to offer information or arguments that might help the Court decide.

supreme court oral arguments

are sessions where lawyers from each side present their case directly to the justices and answer their questions. These arguments help the justices clarify issues before making a final decision.

supreme court opinions

the written explanations of the Court’s decisions in a case. They explain the reasoning behind the ruling and can shape how laws are interpreted in the future.

supreme court solicitor general

is the lawyer who represents the U.S. government before the Supreme Court. They decide which cases the government will appeal and present arguments on the government’s behalf during Supreme Court cases.