Unit 6 Judicial Branch

Advice and Consent:

The Senate’s role in confirming presidential appointments, including federal judges and Supreme Court justices.

Appellate Court:

A court that reviews decisions made by lower courts.

Appellate Jurisdiction:

The authority of a court to hear appeals from lower courts.

Bill of Attainder:

A law that punishes a person without a trial; prohibited by the Constitution.

Brief:

A written legal argument presented to a court.

Circuit Courts:

Another name for the U.S. Courts of Appeals, which hear appeals from district courts.

Civil Law:

Law dealing with disputes between individuals or organizations, typically involving compensation.

Concurring Opinion:

An opinion written by a justice who agrees with the majority’s decision but for different reasons.

Constitutional Courts:

Federal courts established under Article III of the Constitution.

Court Clerks:

Assist judges by managing cases, researching legal issues, and drafting opinions.

Criminal Law:

Law dealing with crimes and punishments for offenses against society.

Dissenting Opinion:

An opinion written by a justice who disagrees with the majority’s decision.

District Courts:

The trial courts of the federal judiciary, where most federal cases begin.

Judicial Activism:

Judges interpreting the Constitution to address modern issues, sometimes seen as making law from the bench.

Judicial Restraint:

Judges limiting their power by strictly interpreting the Constitution and deferring to elected branches.

Judicial Review:

The power of the courts to declare laws or executive actions unconstitutional (established by Marbury v. Madison).

Judicial Selection Process:

The process of nominating and confirming federal judges, involving the president and Senate.

Judicial Litmus Test:

Evaluating a judge’s political ideology or stance on specific issues during the nomination process.

Judiciary Committee:

The Senate committee responsible for conducting hearings on judicial nominations.

Jurisdiction:

The authority of a court to hear and decide a case.

Legislative Courts:

Courts created by Congress for specialized purposes (e.g., tax courts, military courts).

Loose Construction:

Interpreting the Constitution broadly to adapt to modern circumstances.

Majority Opinion:

The official ruling of the court, explaining the decision and its legal reasoning.

Marbury v. Madison (1803):

The Supreme Court case that established judicial review.

Oral Argument:

The stage in a court case where lawyers present their arguments to the judges.

Original Jurisdiction:

The authority of a court to hear a case for the first time (e.g., the Supreme Court’s jurisdiction over disputes between states).

Precedent:

A legal principle established in a previous case that courts follow in similar cases (stare decisis).

Rehnquist Court:

The Supreme Court under Chief Justice William Rehnquist (1986–2005), known for its conservative rulings.

Roberts Court:

The Supreme Court under Chief Justice John Roberts (2005–present), known for a mix of conservative and liberal decisions.

Rule of Four:

The Supreme Court’s practice of granting a writ of certiorari if at least four justices agree to hear a case.

Senate Confirmation:

The process by which the Senate approves presidential appointments, including federal judges.

Senatorial Courtesy:

A tradition where senators from the president’s party have input on judicial nominations in their state.

Stare Decisis:

The principle of following precedent to ensure consistency in the law.

Strict Construction:

Interpreting the Constitution based on its literal text and original intent.

Trial Courts:

Courts where cases are initially heard and evidence is presented.

U.S. Solicitor General:

The lawyer who represents the federal government before the Supreme Court.

Warren Court:

The Supreme Court under Chief Justice Earl Warren (1953–1969), known for its liberal rulings (e.g., Brown v. Board of Education).

Writ of Certiorari:

A formal request for the Supreme Court to review a lower court’s decision.

What are the two types of courts in the judicial system?

• Constitutional Courts: Regular courts like district courts, circuit courts, and the Supreme Court.

• Legislative Courts: Special courts created by Congress, like tax or military courts.

What is the difference between criminal law and civil law?

• Criminal Law: Deals with crimes (e.g., theft, murder) and is prosecuted by the government. Punishments include fines or jail.

• Civil Law: Deals with disputes between people or organizations (e.g., contracts, property). Outcomes usually involve money or fixing a problem.

What are the functions of the Supreme Court?

• Interpret the Constitution and laws.

• Decide if laws or actions are constitutional (judicial review).

• Resolve disputes between states or between states and the federal government.

• Be the final say on legal issues in the U.S.

What is the process of confirming a Supreme Court Justice?

• The president picks a nominee.

• The Senate Judiciary Committee holds hearings to ask questions.

• The full Senate votes, and a majority is needed to confirm.

How many justices serve on the Supreme Court?

• Nine justices: one Chief Justice and eight Associate Justices.

What is the difference between judicial restraint and judicial activism?

• Judicial Restraint: Judges stick closely to the Constitution and avoid making new laws.

• Judicial Activism: Judges interpret the Constitution more broadly to address modern issues, sometimes seen as making new laws.

What two provisions in the Constitution protect judges from politics?

• Life Tenure: Judges serve for life unless they misbehave.

• Salaries Cannot Be Cut: Judges’ pay is protected so it can’t be used to pressure them.

How can Congress check the power of the federal judiciary?

• Congress can propose amendments to overturn Supreme Court decisions.

• Congress can impeach and remove judges.

• Congress can limit what cases federal courts can hear.