judicial branch

Writ of Certiorari

An order from the Supreme Court to a lower court to provide the records of a case the Court has decided to review. It is a legal document issued by the Supreme Court ordering that a case from a lower court be brought before it.

Original Jurisdiction

The authority to hear a case for the first time. Which types of courts get this jurisdiction? → Trial courts of general jurisdiction, limited jurisdiction, and US district courts (federal court trials)

Appellate Jurisdiction

Courts that have the authority to review decisions made in lower courts. They review the facts not in a trial, but look for errors in the lower court's application of law. What types of courts get this jurisdiction? → Immediate courts of appeals and US courts of appeals

General Jurisdiction

Courts that generally handle most cases, involving every aspect of civil and criminal law. What types of courts get this jurisdiction? → State courts of general jurisdiction handle these cases.

Limited Jurisdiction

Courts that handle cases usually limited to a specific geographic area like a city or county. They specialize in relatively minor criminal cases and civil cases involving less than $10,000. What types of courts get this jurisdiction? → State courts of limited jurisdiction handle these cases. Examples include magistrate courts, municipal courts, and traffic courts.

Senatorial Courtesy

This rule allows a senator to block a nomination to a federal court in his or her home state. This adds complexity because the President must consider the potential opposition of senators from the nominee's state, particularly for federal judges serving within those states.

Selection Process of Federal Judges

The president pulls together a list of possible candidates to consider, the DOJ conducts background checks on the candidates and verifies that their character and experience meets the criteria set by the president, after being selected the Senate Judiciary Committee reviews the candidate and recommends whether the Senate should confirm or reject the nomination, the full Senate then votes on the nomination.

Outcome if Lower Court Decision is Upheld

If the decision of a lower court is upheld by the Supreme Court, the case ends at that point. There is no further appeal.

Supreme Court Overturning Decision

If the Supreme Court overturns a lower court's decision regarding a case, the Supreme Court may send the case back to the lower court for further action.

Majority Opinion

This document lays out the majority opinion of the court and facts of the case and explains the legal issues and the reasoning behind the decision.

Dissenting Opinion

Justices who disagree with the majority opinion can write a dissenting opinion, which is a written statement expressing their disagreement.

Concurring Opinion

Justices who agree with the majority decision but for different reasons may write a concurring opinion, which is a written statement explaining their alternative reasoning.

Judicial Activism

Based on the belief that the court has both the right and the obligation to use its power of judicial review to overturn bad precedents and promote socially desirable goals.

Judicial Restraint

Advocates believe judges should refrain from using judicial review and should not make policy decisions.

Tinker v. Des Moines (1969)

Student's symbolic speech (wearing armbands) protesting the Vietnam War was protected by the First Amendment, as long as it didn't materially disrupt school activities.

Key Principle of Tinker v. Des Moines

Student free speech is protected, but school officials can limit it to prevent disruption.

Morse v. Frederick (2007)

School officials could prohibit student speech that promotes illegal drug use, even if it doesn't cause a disruption.

Key Principle of Morse v. Frederick

Schools have the right to restrict speech that promotes illegal activities.

Ingraham v. Wright (1977)

The Eighth Amendment's prohibition of cruel and unusual punishment does not apply to corporal punishment in schools.

Key Principle of Ingraham v. Wright

Schools have the right to administer corporal punishment, but it must be reasonable and proportionate.

Brown v. Board of Ed (1954)

Segregation in public schools is unconstitutional and violates the Equal Protection Clause of the Fourteenth Amendment.

Key Principle of Brown v. Board of Ed

All students, regardless of race, are entitled to equal access to education.

Engel v. Vitale (1962)

School-sponsored prayer is unconstitutional, even if optional, as it violates the Establishment Clause of the First Amendment.

Key Principle of Engel v. Vitale

Public schools cannot engage in religious activities that promote or endorse a particular religion.

TLO (1985)

Students can be searched by school officials without a warrant if the search is reasonable and based on suspicion of illegal activity or disruptive behavior.

West Virginia Board of Ed v. Barnette (1943)

Compelling students to salute the flag or recite the Pledge of Allegiance is unconstitutional.

Bethel School District v. Fraser (1986)

School officials can discipline students for lewd or vulgar speech, even if it doesn't disrupt school activities.

Hazelwood v. Kuhlmeier (1988)

School officials have the right to censor student publications that are considered inappropriate or disruptive.

Board of Education v. Rowley (1982)

Students with disabilities are entitled to an individualized education program (IEP) that is designed to meet their unique needs and enable them to benefit from education.

Florida v. Riley (1988)

This case established that police don't need a warrant to observe property from public airspace, as long as they are not trespassing.

Obergefell v. Hodges (2015)

This landmark decision legalized same-sex marriage nationwide, ruling that the right to marry is a fundamental right protected by the Fourteenth Amendment.

Roe v. Wade (1973)

This Supreme Court decision established a woman's right to an abortion, based on a constitutional right to privacy.

Texas v. Johnson (1989)

This case upheld a flag burning protest, ruling that it is a form of protected expressive conduct under the First Amendment.

Cruzan v. Director of the Missouri Department of Health (1990)

This case addressed the right to refuse medical treatment, specifically the right to die.

Burrage v. United States (2013)

This case dealt with the definition of a 'dwelling' under federal law, specifically the definition of the term in relation to drug offenses.

Elonis v. US (2014)

This case clarified the standards for evaluating whether a statement is a threat or not, emphasizing that the subjective intent of the speaker matters when determining if a statement constitutes a criminal threat.

US v. Causby (1946)

This case addressed the issue of whether aircraft flying over private property constituted a trespass, ultimately ruling that low-altitude flying can constitute an invasion of privacy.