AMSCO AP Government and Politics: Chapter 6 The Judiciary

amicus curiae brief

"friend of the court"; a brief filed in order to raise additional points of view in order to influence the decision of the court

appellate jurisdiction

the authority to review decisions made by lower courts

The U.S. Court of appeals has appellate jurisdiction

The Supreme Court has appellate and original jurisdiction

attorney general

the head of the Justice Department and the chief law enforcer of the United States

binding precedent

the decisions of higher courts that set the legal standards for similar cases in lower courts within the same jurisdiction

certiorari

"to make more certain"; losing parties can appeal based on this concept

common law

the body of court decisions that makes up part of the law

concurring opinion

an opinion that agrees with the result of a case but disagrees with the court's reasoning for the decision

constitutional courts

courts directly or indirectly mentioned in the Constitution

Department of Justice

represents the government in legal matters and provides the means for the enforcement of federal laws

discuss list

compiled by the chief justice, the list of cases on review that he thinks may be appropriate for the Court to hear

dissenting opinion

opinion of a case that a minority of the judges agree upon... does not become case law but will sometimes be referenced by judges in future court cases

diversity citizenship

cases in which two parties reside in different states

defendent

the party answering the action

Dred Scott v. Stanford

Supreme Court case in which it was ruled that black slaves were not citizens of the United States and could not claim any rights or privileges granted to white citizens

in forma pauperis

a petition filed with the U.S. Supreme Court by an indigent person; the $300 filing fee is waived for such petitions

injunction

a court order prohibiting a person from committing a certain act

judicial activism

the tendency of judges to interpret the Constitution according to their own views; often appears with loose constructionism

judicial review

allows the Supreme Court to declare a law or act unconstitutional after the fact; established in Marbury v. Madison

judicial self-restraint

judges should confine themselves to applying rules clearly stated in the Constitution; often appears with strict constructionism

litmus test

used to find where nominees stand on certain (controversial) issues

majority opinion

opinion of a case that a majority of the judges agree upon... becomes the law

written by the chief justice or the most senior justice on the majority

Marshall, John

Created the precedent of judicial review in the case of Marbury v. Madison; many of his decisions gave the federal government more power

original jurisdiction

-refers to where a case should be heard first

-U.S. District Court has original jurisdiction

-Supreme court has original jurisdiction and appellate

per curium opinion

collective and anonymous decision (often brief and without explanation)

Persuasive precedent

precedent which a judge is not obliged to follow, but is of importance in reaching a judgment

petition for certiorari

A formal request by one or more parties in a legal case for a the Supreme Court to grant a writ of certiorari, or to agree to hear the appeal

"cert"

petitioner

party that initiates a lawsuit

plaintiff

a person or party filing a lawsuit

plea bargain

a negotiation in which the defendant agrees to enter a plea of guilty to a lesser charge and the prosecutor agrees to drop a more serious charge

precedent

A decision in a previous court case that is used as the basis for a decision in a similar case.

respondent

the individual who responds to an appellate case, claiming why and how the lower court ruled correctly

Rehnquist, William

United States jurist who served as an associate justice on the United States Supreme Court from 1972 until 1986, when he was appointed chief justice

Roberts, John

Chief Justice of the Supreme Court

rule of four

Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case

senatorial courtesy

Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.

solicitor general

Senior Justice Department attorney. Decides what cases the government will appeal to the Supreme Court, files amicus briefs with the Supreme Court in cases the government is interested in, and represents the United States before the Supreme Court.

sovereign immunity

the government is protected from suit unless it permits such a claim.

special legislative courts

courts created by Congress to hear matters of expert concern

stare decisis

Let the decision stand; decisions are based on precedents from previous cases

strict constructionist

a person who interprets the Constitution in a way that allows the federal government to take only those actions the Constitution specifically says it can take

Supreme Court

Final federal appellate court ("court of last resort"). Hears appeals from Circuit Courts (certiorari petition / rule of 4). Only hears "important" constitutional cases.

-Supreme Court Justices nominated by POTUS and serve for life

-appellate and original jurisdiction

torts

Intentional or unintentional acts performed by an individual and based on unreasonable conduct are known as

U.S. Circuit Court of Appeals

hears appeals from specialized trial courts, primarily the United States Court of International Trade and the United States Court of Federal Claims, as well as appeals from the district courts in patent cases and certain other specialized matters

- appointed for life, nominated by the president

-hear the case second

-appellate jurisdiction

U.S. District Courts

Trial courts in the federal court system in which almost all federal cases begin (first court to hear a case)

-courts of general jurisdiction

- judges appointed for life

-nominated by the president

-original jurisdiction

Warren, Earl

Chief Justice during the 1950's and 1960's who used a loose interpretation to expand rights for both African-Americans and those accused of crimes.

writ of certiorari

An order by a higher court directing a lower court to send up a case for review

inferior courts

-The lower federal courts, beneath the Supreme Court

-Article III courts

Judges Term

-all federal judges "shall hold their offices during good behavior" For Life

-This allows the judicial branch to operate independently from the other branches

Treason

only crime defined in the constitution

Leving war or giving aid or comfort to the enemy

Right to Jury Trial

-a citizens check on the judiciary

Federalist 78

written by Alexander Hamilton; talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions

Judiciary Act of 1789

In 1789 Congress passed this Act which created the federal-court system.

-one district existed in each state

- Defined the Supreme Court as 6 justices, or judges

riding the circuit

traveling to hold court in their assigned regions of the country

Federal Court System

The three-tiered structure of federal courts, comprising U.S. district courts, U.S. courts of appeal, and the U.S. Supreme Court.

trial courts

-U.S. District courts are trial courts with original jurisdiction

-plaintiff (prosecution), defendant

-deals with crimes and civil cases

Federal Crimes

kidnapping,

mail fraud,

treason,

assassination,

counterfeiting

tax evasion

terrorism

drug trafficking

bank robbery

U.S. Attorneys

-Government lawyer that represents the US government at the district court level (trials).

-each of the 94 districts has one

civil cases

Court cases that involve a private dispute arising from such matters as accidents, contractual obligations, and divorce.

Lower burned of proof ="preponderance of the evidence"

attorney genral

the head of the department of justice

Suing the government

-The government can be sued only if it permits you too

-these cases are handled by the court of federal claims

Marbury v. Madison (1803)

Established judicial review

Getting Borked (Robert Bork)

Beginning with Robert Bork, this term means for the Senate to destroy a judicial nominee's confirmation through an attack on character, morals, and background.

Clarence Thomas

This man was an African American jurist, and a strict critic of affirmative action. He was nominated by George H. W. Bush to be on the Supreme Court in 1991, and shortly after was accused of sexual harassment by Anita Hill. Hearings were reopened, and he became the second African American to hold a seat in the Supreme Court.

nuclear option

a maneuver exercised by the presiding officer in the Senate that eliminates the possibility of filibusters by subjecting votes on certain matters to a simple majority vote

Denying Merrick Garland

McConnell announced the Senate would not hold a confirmation vote for any SCOTUS nominee until the election results of 2016

obama had nominated Garland

Trump won and nominated Neil Gorsuch

American Bar Association

largest national organization of attorneys,they're role is solely to evaluate the professional qualifications of candidates for all Article III judicial positions--the supreme court, the united states courts of appeals, and the United States District Courts

confirmation of nominees

senate votes to confirm nominees

simple majority needed

Senate's "Advise and Consent" power

The senate confirms presidential judicial nominees

Judicial checks Executive

-declare executive branch actions unconstitutional

-chief justice presides over impeachment trial

-Serve for life

-presides over presidential impeachment trial

Judicial checks Legislative

Rule federal and state laws unconstitutional

overturning precedent

Caused by societal change or if a judge decides that the case that set the precedent was wrongly decided

reversed decision by legal means

ideology

a system of ideas and ideals, especially one that forms the basis of economic or political theory and policy.

liberal

conservative