Judiciary Branch

Douglas-Foster Exam (Based off notes and Book)

(Hamilton) Federalist #78

Independence of judges is essential to a democracy

Judges

Appointed not elected

confirmed by senate

Marbury v Madison (1803)

Granted courts the power of judicial review

Judicial review

the right of federal courts to rule on the constitutionality laws and executive actions

-Can be from the state courts, congress, or action by president

-The #1 judicial weapon in check and balances

Precedents (Stare Decisis)

When judges rule on cases by using the decision of previous judges

“Let the decision stand”

Judicial Restraints

Judges are bound by the wording of Constitution. (Narrowly interpret)

Judicial Activism

Judges should look to the underlying principles of the constitution (Broadly interpret)

-judges strike down laws or reverse public policy

Women on court out of 9 judges

4 (2 are conservative liberals)

Ideology

changes in the composition of the Supreme Court due to presidential appointments have led to the courts establishing new or rejecting precedents

Examples: (gay rights, school desegregation, and abortion laws)

Citizens can stop stuff happening by…

initiatives

Dual court system

state courts and federal courts have their own jurisdictions

State:

trail—appeal—state supreme court

Federal:

District—circuit—supreme court

Federal question cases

involving US Constitution, federal law and treaties

-Also cases involving different states or citizens of different states

Appeal

any excuse to argue why you were mistreated durning trial.

How many districts courts?

94

-At least one in each state

-Trail courts of the federal system

-Single judge and jury present

Cases end in…

circuit court

Cases start in…

district court

Remanded

back to the lower court, which means the circuit court stands

Federal Court system levels: “Constitutional courts”

Top-U.S Supreme Court

Middle-U.S Circuit Courts of Appeals

Bottom-U.S District Courts

Articles of Confederation

No national court system existed here

Article 111

-empowered Congress to make “inferior courts”

-established terms for judges

-jurisdiction of supreme court

-definition of treason

-Right of defendant to a jury trial

Judges terms

hold office under good behavior meaning “life term”

-Judges can be impeached and removed 2/3rds vote by senate

Why do Judges serve for a life term?

-Judges can operate independently from other branches

-Consistency over time in interpreting the law

-Congress cannot diminish salaries during terms in office

Original Jurisdiction

The authority to hear a case for the first time

-in cases affecting ambassadors and public ministers and those in which state is a party

Appellate Jurisdiction

Supreme Court acts as an appeals court

Treason

“Levying war/aid or comfort to the enemy”

-Only crime mentioned and defined in constitution

-wanted to make sure new government could not easily prosecute that charge just to silence alternative voices

-two witnesses in order to convict

Right to jury trial

Framers did as a citizen-check on accusation by the government

U.S Supreme Court

-Created by Article 111 of the constitution

-Nine justices

-Hears 80-100 cases from October through June

-Has original jurisdiction in unique cases

-Takes appeals from circuits and top state courts

U.S Circuit Court

-Created by congress

-11 regional courts

-2 courts in Washington (D.C and federal)

-Nearly 200 total justices

-Takes appeals from district courts

-Justices sit in panel of three

U.S District Courts

-Trial courts created by Congress

-94 Districts

-Nearly 700 total justices

-Hear federal criminals and civil matters

Trail Court

U.S Districts courts are trial courts with original jurisdiction over federal cases

Plaintiff

Litigants in a trial court

-the party initiating the action

Defendant

the party answering the action

Federal Crimes

Counterfeiting, mail fraud, or evading federal income taxes

-crimes under the enumerated powers in Article 1 section 8

United States v. Timothy McVeigh (1998)

government argued that McVeigh exploded an Oklahoma City Federal court found him guilty and sentenced him to death

Plea Bargain

allows the government and the defendant to agree to a lesser sentence in exchange for the defendants guilty plea

U.S attorney

appointed by president and approved by senate and represents federal government in federal courts

Attorney general

attorneys that are executive branch employees who work in Department of Justice under this position

Civil Cases

citizens can bring civil disputes to court to settle a business or personal conflict

Class action suit

large group of plaintiffs claim common damage by one party and will file this

Suing the government

One can sue government officials acting in personal capacity

Special Legislative Courts

created by the legislature as opposed to the constitution, these courts deal with special specific issues and therefore an experienced judge in that area of law is desired for that period of time

-President appoints these judges as senate must approve (15 year fixed term)

Appellate courts

appeals courts are especially influential because they don’t determine facts; they shape the law

Certiorari

losing party can appeal based on this concept

“to make more certain”

Petitioner

appeals the case

Respondent

responds claiming why and how lower court ruled correctly

Common law

refers to the body of court decisions that make up part of the law

Precedent

a ruling that firmly establishes a legal principal

Stare decisis

“let the decision stand” governs common law

Binding precedent

When a U.S district court receives a case that parallels an already decided case from the circuit level, the district court is obligated to rule in the same way

persuasive precedent

Able to consider past decisions made in other districts or rulings in other circuits as a guiding basis in their decisions

Dred Scott v. Standford

ruling held that Scott wasn’t even a citizen and thus had no equal right to to be a party in federal court, much less country’s top tribunal. Slave owners constitutional right to due process and it deprived him of property.

Strict constructionist

interprets constitution in its original context

Liberal constructionist

sees the constitution as a living document and takes into account changes and social conditions since ratification.

Warren Court

extended many liberties under chief justice Earl Warren after president Dwight Eisenhower appointed him

Swing Votes

tie-breaking votes casted by justices who’s opinions cannot always be predicted

John Roberts

Chief justice achieved more unanimity in decisions and written more narrow opinions to address questions before the court

rule of four

a standard less than majority reflects courts commitments to claims by minorities

Litmus test

quick determination of an appointees political philosophy

Implementation

courts decide principles and order citizens or government entities to take action or refrain form action

Standing

types of parties that can go to various courts

selected U.S courts of special jurisdictions

-U.S court of appeals for Armed Services

-U.S court of federal claims

-U.S court of international trade

-U.S Tax court

-U.S court of appeals for veteran claims

Impeachment

federal judges who have acted improperly can be removed by the same process for accusing and removing a president

amicus curiae brief

friend of the court brief

Solicitor general

determines which cases to appeal to the U.S supreme court and represents court room

Senatorial courtesy

routine with district judges appointments, as districts are entirely given within a state.

History of federal Judiciary

-Most founders probably expected judicial review

-Did not anticipate the courts to have such a large role in policymaking

Marbury V. Madison

granted the courts power of judicial review

How to interpret constitution

Can’t determine whether a judge will use restraint or activism-depends on case

Topics decided by court

-Desegregation of schools

-Gay rights

-Abortion laws

Dual Court system

state courts and federal courts have their own jurisdiction

If you win=

case ends or retrial

If you lose=

ability to request for review to the U.S. Supreme Court

Why are judges less concerned about public opinion compared to Congress and the President?

Judges have lifetime appointments, allowing them to make controversial decisions without fear of losing their jobs.

What is the purpose of precedents in the judicial system?

They guide courts to make consistent decisions based on previous rulings.

How do ideological shifts in the Supreme Court affect its decisions?

Changes in composition due to presidential appointments can lead to the establishment of new precedents or the rejection of existing ones.

What are the functions of state trial courts?

To hear cases with a judge, jury, prosecutor, and defendant, and determine trial outcomes.

What are appellate courts responsible for?

Reviewing cases for errors and determining if the previous trial was fair and legal.

What is the role of the State Supreme Court?

To review decisions made by appellate courts and usually trust their judgments.

What landmark case established the right to an attorney?

Gideon v. Wainwright, which affirmed the 6th Amendment right to counsel.

What is the function of U.S. District Courts?

They are the trial courts of the federal system where most federal cases begin.

How does the U.S. Court of Appeals operate?

It reviews cases from U.S. District Courts without conducting new trials, focusing on legal errors

What is the typical route for a federal case to reach the Supreme Court?

It begins in a district court, moves to a circuit court, and can be petitioned to the Supreme Court.

What determines which cases the Supreme Court hears?

The Rule of Four, requiring agreement from four justices to grant a writ of certiorari.

What criteria does the Supreme Court use to select cases?

Significant federal questions, conflicting circuit decisions, and high state court constitutional interpretations.

What types of opinions can the Supreme Court issue?

Majority opinion, concurring opinion, and dissenting opinion.

How does Congress check judicial power?

Through confirmation and impeachment, altering the number of judges, revising legislation, and constitutional amendments.

Why might judges adapt laws to reflect public opinion?

If public opinion is consistent over time, they may interpret laws to align with societal views.