Judiciary Vocab Words, and everything else

Amicus curiae

a brief filed by someone who is not a party to a case in an attempt to persuade the court to agree with the arguments set forth in the brief.

Interested non parties may file amicus curiae (friend of the court) briefs to try to influence the precedential effect of the Court’s ruling.

Appellate jurisdiction

the authority of a court to hear and review decisions made by lower courts in that system.

Briefs

written documents in which attorneys explain, using case precedents, why the court should find in favor of their client\

written arguments filed by the parties in an appeal

Concurring opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

Constitutional court

A federal court authorized by Article III of the Constitution that keeps judges in office during good behavior and prevents their salaries from being reduced. They are the Supreme Court (created by the Constitution) and appellate and district courts created by Congress

Courts of Appeals

Appellate courts empowered to review all final decisions of district courts, except in rare cases. In addition, they also hear appeals to orders of many federal regulatory agencies.

Criminal law

a system of law concerned with the punishment of those who commit crimes.

Defendant

an individual, company, or institution sued or accused in a court of law.

Dissenting opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

District court

Lowest level of fed. courts, where fed. cases begin &trials are held (bank robbery, environmental violations, tax evasion)

Federalist No. 78, Brutus essays

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

John Marshall

American jurist and politician who served as the chief justice of the U.S. Supreme Court (1801-1835) and helped establish the practice of judicial review.

Judicial activist

judges should make bold policy decisions, even charting new constitutional ground by challenging the policy positions of the Congress and the president.

the Constitution is a living document whose strength lies in its flexibility and that

Judicial review

Allows the court to determine the constitutionality of laws

Marbury v. Madison (1803)

Established judicial review; "midnight judges;" John Marshall; power of the Supreme Court.

McCulloch v. Maryland (1819)

the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers

Opinion of the Court

A Supreme Court opinion written by one or more justices in the majority to explain the decision in a case

Original jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

Plaintiff

a person who brings a case against another in a court of law.

Stare decisis

Latin for let the decision stand; decisions are based on precedents from previous cases

Strict constructionist (strict interpretation)

someone who believes that the text of the Constitution is not open to interpretation and that the words in the Constitution are literal

Writ of certiorari

Order by the Supreme Court directing a lower court to send up the records of a case for review

1st Amendment

Freedom of religion, assembly, speech, press, and petition.

2nd Amendment

Right to bear arms - bears have 2 arms

3rd Amendment

Right to not quarter soldiers in citizen’s homes.

4th Amendment

Protection against unreasonable searches and seizures.

5th Amendment

Protection against self-incrimination and double jeopardy, ensuring due process.

Eminent domain-compensation for property taken for public use.

Grand jury determine if the government has enough evidence to take someone to trial

6th Amendment

right to a fair and speedy trial, the right to counsel, and the right to confront witnesses.

7th amendment

right to a jury trial in civil cases, ensuring that disputes are resolved by a jury of peers.

trial cannot be hand in a different court in hopes of a different outcome

suing some for over $20, a jury has to decide the outcome

8th Amendment

No excessive punishment or fine for crimes, protection against cruel and unusual punishment.

9th Amendment

rights not specifically enumerated in the Constitution are still protected, The rights in the Constitution are not the only rights

10th Amendment

powers not delegated to the federal government are reserved for the states or the people.

Vertical Stare Decisis

courts should follow precedents set by higher courts in the same jurisdiction. Higher presidents should be binding in lower courts

Horizontal Stare Decisis

Courts of equal jurisdiction should follow the presidents by other courts to maintain consistency in the law.

Rule of 4

if 4 judges agree to hear a case, then it will be, to protect the minority

How are are the judges today comprised of

6 conservatis, and 3 liberals

Federalist 78

By Alexander H. Judges are appointed for life and only for good behavior because it is the most valuable.

is the he least dangerous because they do not have as much power to harm the other branches. They cannot force or will but just judge.

people may think the court’s ability to judge the acts of the other branches count as the superiority, it is needed to ensure acts are in alliance with the constitution.

The judicial branch needs to remain independent - from intrusion from congress, and protect the constitution.

Should be bound by precedents, and their independence gives them clairity Bc they don’t have to worry about relection.

Storm center

By David O Brian

• Dred Scott v Sandford is an example of a “great folly”

• the SC gets its power from their persuasion of rulings and can reset other political institutions, and public opinion.

• If the court moves too fast regarding a decision based on the constitution then, they threaten the public acceptance of their legitimacy.

• Even after the decision ( writing of opinions, and final votes ) is made and public, the political struggles still continue.

  1. The reactions can undermine or the opposite, the court’s prestige.

• When deciding on a decision they must take into the consideration of the strategies of getting the public to accept the decisions. As in the case of BvB.

• For decisions like BvB, it needs the cooperation of all 3 branches. Observed by Robert Dahl

• When FDR was president he created the New Deal, but literally every legislation passed or even executive agreements were struck down by the court by 4-5 and 6-3 decisions. He was going to execute his “ Court packing plan, increasing the # of judges from 9 to 15. But in the event of “the switch in time that saved 9”up holed major pieces of the new deal legislation.

• court needs to ensure, and assure the public that the decisions they make are based solely on the law, not their preferences keep their prestige. But to ignore the public, be indifferent to the public would be arrogant.

• a concern of an imperial judiciary,

• The supreme court is the guardian of the constitution and sometimes challenges the majority sentiments to protect the minority.

Pursuits of Justice

• When a a president nominates a judge, he must chose someone whi shares his idologey and extend his legacy, not to obviously aligned with that the senate rejects the nomination.

  • Judges are mainly chosen by their judicial politics rather than talent

• Modern P’s are often also influences by their cabinet members, who think they know they best

• In response to the great depression the Justice Department grew and became more burecrezised, which facilitated the large amount of resources toward the Judicial nominations.

  • As the government's legal responsibilities grew, so did the Department of justice, and allocated the litigations of other agencies to that department.

• The growth and bureaucratization of the White House ( White house council) has had more influence as well to the nomination, and a main competitor to the attorney generals.

• The growth of political institutions ( lower level courts, appellate etc.) has allowed the president to also have more influence in the appointment of the judgeships in the federal judicial system.

• The publicization of the nomination, and confirmation process has led the president to choose a person that not only share their political ideologies, but work well under public pressure.

• The ABA ( American Bar Association)

• The growth of power and participation has an influence on the nomination process. Mainly by using their connections in the early stages of nominee selections, also doing their own research on candidates. 

• The media also has influence in the nominations of the judicial branch. Mainly by, if the Preisident delays a nomination they can receive more backlash/repercussions than 19th and 20th Presidents who worked behind the scene. A dely might send a message of the P’s uncertainty and indecision.

  1. But can also aid the P, because they can in turn do their own research on candidates they think the best.

• The access and advances to Legal research helps the nomination process. Examples like L/Nexis and WestLaw, where they can search for a judge’s past judicial opinions, and other public commentary that have not been tailored.

  1. C-Span and other video cable visuals allow users to monitor their movements and unnoticed details.

  2. Double edge sword as the Media can spin it negatively.

4. As of recent the supreme court has been the center of politics. Before the new deal, the court was competing against other Governmental institutions for national influence. 

   1. The can instert themselves in state government and against congress. 

   2. Concerns itself with many matters.

   3. The new preception of the importance of appointments, has changed the way presidents must treat the selection of SP nominees.

Judicial checks on the President

Judicial Review over executive orders, and their lifetime appointments shield them from political pressure.

Judicial Checks on the Legislative branch

Determine the constitutionality of laws, Lifetime appointments also shields them from political pressure

Supreme Court original jurisdiction

Involving states affairs, and diplomats

How one requests for the SC to hear their case, in an appeal.

And how the Supreme court allows them/grants them the opportunity of their case to be heard

Writ of Certiorari

Marbury vs. Madison

Created Judicial review, marbury wanted a writ of mandamus for Madison to deliver the commissions he was owed.

Mcculloch vs. Maryland

Established the precedent of the proper and necessary clause. That the fed gov is allowed to charter bank, and not subjected to state tax

Dred v. Scott

• 1857, deals if slaves are free once they get to the north 

- Upholds slavery

- Fugitive slave act.

• Decided slaves are not citizens, they are property meaning that they can be returned to their owners.

• denied the legality of black citizenship in America, and declared the Missouri Compromise to be unconstitutional.

by striking down legislation that was intended to balance free and slave states

• ruled that former slaves taken into free states did not have standing to sue for their freedom because they were not citizens under the Constitution

Example of the Supreme court changing Precidents

Board v Education overturned the Precedent by the case Plessy v Ferguson of separate but equal on the 14 amendment

Judicial Activism

that adapting modern circumstances requires overturning precedents if necessary.

Example of Judicial Activism

• Brown v. Board of Education (1954) - Overturned Plessy v. Ferguson, ruling segregation unconstitutional.

• Baker v. Carr (1962) - Decided that redistricting presented justiciable questions, allowing federal courts to intervene.

• Roe v. Wade (1973) - Ruled that the right to privacy granted by the 14th Amendment applied to a woman's decision to have an abortion, making it easier for women to acquire abortions.

• Bush v. Gore (2000) - Ruled the Florida Supreme Court's method for recounting ballots as having violated the Equal Protection Clause of the Fourteenth Amendment in a presidential election, essentially deciding the 2000 presidential election in favor of George W. Bush.

• District of Columbia v. Heller (2008) - Declared the Washington, D.C., ban on private ownership of handguns unconstitutional in violation of the 2nd Amendment, effectively extending the 2nd Amendment to individuals.

Judicial Restriant

that judicial review should be constrained to decisions that adhere to current constitutional and case precedents.

Example of Judicial Restraint

• acceptance of racial segregation in the 1896 case of Plessy v. Ferguson is another.

• Lyng v. Northwest Indian Cemetery Protective Association (1988) - Declared that "a fundamental and longstanding principle of judicial restraint requires that courts avoid reaching constitutional questions in advance of the necessity of deciding them."

• Dred Scott v. Sandford (1857) - Declared that slaves were not protected by the Constitution and could never become citizens.

Constitutional Floor

the minimum level of protection for civil liberties and rights that is required by the U.S. Constitution

Your liberty of freedom of speech goes down, as you go more in public spaces under the authority of the federal and state government.

Rights to freedom of speech and privacy goes down.

The structure of the constitutional Floor, from most liberty to least.

Bedroom, living room, front porch, public park

Texas v Johnson Facts

• Johnson was arrested and convicted under a Texas law that prohibited desecrating the American flag. 

• Johnson argued that burning the flag was a form of symbolic speech and protected by the First Amendment. 

• The Texas appeals court agreed and overturned Johnson's conviction. 

• Texas appealed the ruling to the Supreme Court. 

Speech Plus

Where freedom of speech is combined with some form of conduct or action,

an individual is not just expressing their opinion through words but also through physical behavior, like protesting by picketing or wearing a symbolic item;

The supreme court’s Decision regarding Johnson v Texas

The Supreme Court ruled in favor of Johnson, agreeing that symbolic speech is protected by the First Amendment.

The court also ruled that the government cannot punish symbolic actions like flag burning.

What was the impact of the decision?

The ruling invalidated prohibitions on desecrating the American flag in 48 of the 50 states.

Congress passed the Flag Protection Act later that year, making flag desecration a federal crime.

Created the speech plus.

Impact of Johnson v Texas

The ruling invalidated prohibitions on desecrating the American flag in 48 of the 50 states.

Congress passed the Flag Protection Act later that year, making flag desecration a federal crime.

Created the speech plus.

The SC ended segregation thought the case of ____, and overturned the _____ precedent from the case ________

Brown v Board of Education, separate but equal clause, Plessy v. Ferguson

Checks the executive branch has over the SC

• Appointment power

• They can choose not to enforce the SC judgents when enforcing those policies

Checks the legislative branch has over the SC

• Confirms the appointments/can impeach the judges

• Can make changes, or amendments of a law.

• Congress also has the power to regulate/authority over lower courts under the SC.

• Congress sets the size of the Supreme Court 

• establishes other federal courts

Checks the state has to limit SC decisions

• State rights

• States can pursue amendments/ignore laws

  • Can not follow suits in precedents from higher courts

The ABA ( American Bar Association)

a special committee on the Federal Judiciary. Now named the Standing Comitee on the Federal Judiciary. They have grown to make sure that the nominations are qualified enough to make it to, for the Senate Judiciacry committee. The president now must take into consideration the background checks done by the FBI, and ensure that the nominee has a good impression on ABA.

Judiciary Act of 1789

• Specified “the nature and the organization” of the court system.

• Only chief justice is mentioned in the constitution

  • However the act added 5 associate judges

  • precedent at 9 judges since 1869

  • Set 2 lower tiers of circuit/appellate courts, and district courts

How the President nominates judges on lower courts, Federal Judiciary

• Judges are appointed by the President, confirmed by the senate.

• Serve for life on good behavior

• District court nominees are usally approved, but appellete and sp confirmations have been affected by partisan political battles

• at the district level the P consults w the senator of the vacated position, especially if they are from the same political party.

• since senate approval is needed, somtimes their confirmations are halted by a filibuster

How politics influence the SC

• The Constitution does not state the qualifications to become a judge, don’t even have to be a lawyer

• The P can leave a legacy

• P must take into account of the balance of the legal and political appointments.

  • Experience, ethical integrity, and legal accomplishment are extremely important factors.

  • Can speed up the process.

  •  Modern nominees typically already served in the federal judiciary or another high-level position

The election of 180

• One of the nastiest elections was John Adams ( Federalist party) v. Thomas Jefferson ( Republican party)

• Back in the day the election would be cast by 2 votes, and the candidate with majority votes would become president, second place would the vice.

  • If not, the HOR, each w one point was required to have a majority vote to win.

• This election ended up in a tie in the electoral college,

  • Which prompted the 12th amendment.

12th Amendment

majority vote instead, 1 ballot instead of 2

How the Federalist party tried to cement their position in the new administration. Adams administration

• by passing the Judiciary Act of 1801.

  • reduced the size of the SP from 6-5, reorganized lower fed courts creating 16 vacancies that were promptly filed out by Adams administration.

• last minute appointments were called “midnight judges” bc of the hasty confirmations

• This caused the case of Marbury Vs. Madison

John Marshall’s influence

• chief justice.

• Federalist, an experienced politician, served as chief justice of the Supreme Court from 1801 to 1835,

• is the longest-serving chief justice in American history.

• His decision would affect the overall power of the judiciary, as an equal branch of government.

  • If he ordered Jeffoerson’s administration to deliver the commissions it risked the SC being ignored by the president or even impeached by the Republican-controlled Congress.

  • If he denied the petition it would make the SC seem weak, and lessen their power, prestige, and indepence, but would avoid the confrontation

How John Marshall made his decision regarding Marbury v Madison

by answering 3 questions.

• 1st, if the men were entitled to revive their commissions, 

  • yes they were, they were a formal act. But the deliverance was an act of “ convenience”.

• 2nd, if there was a legal remedy where the courts could intervene, and available.

  • Yes, bc people who feel wronged have the right to go to the law for a remedy.

• 3rd, Were the plaintiffs entitled to the remedy? ( writs of mandamus)

  • No, bc the power to do so was given from the judiciary Act, and tried to expand the scope of the SP, which congress cannot do, bc the Constitution does not mention this power.

• So they never received their commissions.

• Marshall declared that the Act gave power to the court that was in violation of the constitution.

• Created Judicial review bc of lack of power

Exigent circumstances:

An emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect, or destruction of evidence.

Concerns on the Judicial Branch

• Imperial Judiciary

• that since they are not elected by the people but are able to overturn acts by representatives that were elected. Thus they can exserisise control againts the majority.

  • Jefferson calls it a “despotic Branch”

• by upholding the will of the Majority, they can tramp on the rights of the Minority

• The SP are not specialized in public policy policies, but instead leagl and constitutional specialists. 

  • Therefore when JR is used they not understand the weight of that decision.

Proponets are not linked to liberalism, or convertaism. And can be used by lower courts.

• Liberal courts prefer restrictive.

• Conservative courts prefer activism.

• And sometimes it’s hard to tell which cases repreernt one.

• National Federation of Independent Business v. Sebelius,

•  the Supreme Court upheld the provision of the Patient Protection and Affordable Care Act (ACA) requiring individuals to purchase health insurance or pay a fine

• May be viewd as activism bc it broadened the definition of Congress’s power to tax to include the power to impose fines under the ACA.

• restraint because the Supreme Court deferred to Congress in upholding the ACA.

• Judicial restrictions:

• the court is that it lacks the tools for implementing public policy and often must turn to the other two branches to enforce to its rulings.

  • If the other branches dislike the ruling then they can ignore or even defy the court

Worcester v. Georgia

• Focused on federalism and decided if federal and state have authority regarding native americam territories. 

  • Samuel Worcester, arrested under a Georgia law for “residing within the limits of the Cherokee Nation without a license”

  • Supreme Court ruled that the federal government, not the states, had authority over Native American territories and declared the Georgia law to be unconstitutional.

  • Marshall sought to protect the rights of Native Americans secured by the treaties governing their autonomy. Which President Jackson disregarded.

How the SC takes the public into consideration

• The Sp work in the American political system, meaning have to pay attention to public opinion to some degree bc, judicial review is tied to Americans’ views of the legitimacy of their branch of government.

  • Which plays a key role in the litgitimacy of their checks

In criminal cases what are the defendants guarnteed

Constitutional protections

• (Fifth Amendment),

  including the right not to be forced to testify

  the right to a speedy and public trial by an impartial jury, the right to confront witnesses,

  protracted from double jeopardy- tried again for the same crime

• 6th Amendment

  right to be represented by an attorney

How state courts are structured

• Handle both criminal and civil cases

• Trial courts handle original jurisdiction

• HAve specialty courts

• Have their own state supreme courts

Federal Courts

• the lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level.

• were made in response to the judiciary act

• As of 2017, there were 94

Appellate/ Circuit courts

• middle level of the federal judiciary; these courts review and hear appeals from the federal district courts.

• 13 courts of appeals,

  • 11 have jurisdiction over regional circuits,

  • 1 over D.C,

  • thirteenth handles cases arising under international trade and patent law.

The the SC is in session

• Court’s in session for 9 months of the year beginning on the first Monday in October.

  •  Those cases still on the docket (the schedule of cases to be heard) when a term ends continue to the next term’s docket.

How many cases are petioned to be heard in the SC

Receive 8k to 9k petitions a year, hears less than 1 percent of these cases, or about 70 to 80

Majority Opinion

 binding Supreme Court opinions, which serve as precedent for future cases.

 consists of the ruling and logic behind it,

The process of Supreme court cases

1. District Court - Orginal jurisdiction

2. Federal Courts of Appeals/ Circut court-

3. Supreme grants a cert in a case it requires a brief argument from both sides.

4. Then scheduled for an oral agrument before the assembled justices, during which each side gets a fixed amount of time (typically half an hour) to present.

5. The case then proceeds to judicial conference, in which the justices meet and vote in secret.

6. Finally they issue a decsion

Gibbons vs. Ogden

The federalist license is great. 

- Full faith and credit clause, allows licences to be credited in most states.

How the case came about 

• Gibbons v. Ogden was the first Supreme Court case to address the Commerce Clause. The case began when Aaron Ogden sued Thomas Gibbons for operating steamboats without Ogden's permission. Ogden had a state license to operate steamboats in New York waters, but Gibbons had a federal license.

The court's decision 

• The court ruled in favor of Gibbons, and dismissed Ogden's lawsuit. The court's decision upheld the Commerce Clause and the supremacy of federal law over state law.

The case's significance 

• The decision has been credited with supporting the economic growth of the United States and the creation of national markets. It has also provided the basis for Congress' regulation of railroads, freeways, and television and radio broadcasts.

Plessy v Ferguson

Deals with segregation

 dealt with jim crow laws, and if segregation is legal.

• John H a dissenting opinion was that segregation would create a caste system.

•  De Facto laws

• Segregation was legal as long as it was equal.

De jure Segregation

segregation that is enforced by law, meaning it is officially sanctioned and mandated by legal statutes,

De Facto Segregation

describes segregation that exists in practice even if there is no law explicitly requiring it

Brown v. Board of Education

• Have to prove the schools in Topico Kansas are unequal.

The rest of the schools in America would have to desegregate in all due speed

Gideon v. Wainwright

Earl Giden is a hobo

He was accused of a robbery where they stole nickels.

He was set free because everyone deserves a lawyer, ( was his own lawyer)

• 6th Amendment to a an attorney right to an attornry/ counsel. And 14th equal protection clause.

Every defendant no matter the status is guaranteed a lawyer.

Miranda v. Arizona

• Miranda is accused of kidnapping and assaulting a woman

• He confesses that he murdered him, and he’s in jail for 3 years.

• However, no one told him his rights

• They decided to let him go because he was not read his rights.

• Everytime a suspect is by the police, than they have to read their rights.

These rights stem from the Fifth Amendment (right against self-incrimination) and the Sixth Amendment (right to counsel). 

Tinker v. Des Moines School District

• Brother and sister Wore black armbands in protest of the war in Vietnam

• Principal suspends the kids

• Students can wear what they want as long as they do not disrupt the learning environment

• If an administrator wants to limit the dress code, then it needs to prove that it disrupts the environment.

• Protects the 1st amendment right of speech, in expression.

New Jersey v. TLO

A teacher searches TLO’s bag and find weed, the parents sue because she should have not been searched because of the 4th amendment.

If schools are the safest place then students must lose some rights. Teachers have probable reason

Cops need probable cause, aka evidence

Lopez v. U.S

• Congress passed “Gun - Free School Zones Act of 1990” which prohibited bringing guns to schools.

• Antonio Lopez, brought a gun in Texas and about to be charged under texas law.

• Congress can’t regulate gun laws through commerce clause.

• Defined the commerce clause powers to regulating clear “ economic activities” with a test called “The Lopez

What were the arguments for Lopez v U.S

• Fed Gov stepped in bc of 2nd amendment and 16th? instead charged him with a federal crime.

• The forbination of the gun was seen as unconstitutional because it effects the commerce clause.

• US: Guns and their activity have a grave effect on people feeling safe and effects their participation in economic activities.

• Lopez: Limiting gun rights at school does not have a direct effect on the economy and carrying a gun is not an “economic activity”.

• Decision: The Gun Free Zone Act was unconstitutional expansion of congress’s power to regulate interstate commerce

Lopez Test:

• Congress can use the powers of the commerce Clause when it involves…

  • Channels of interstate commerce

  • Instrumentalities of interstate commerce

  • Activities that substantially affect interstate commerce

Necessary and Proper Clause / Elastic Clause

Congress has the ability to make laws that are necessary, and proper to fulfill their delegated powers. Implied powers.

Lopez v U.S

Supremacy Clause

is a constitutional principle that states that the U.S. Constitution is the supreme law of the land.

Is the basis for Judicial Review and makes precedents and decisions based on the constitution.

Commerce Clause

gives Congress the power “to regulate commerce with foreign nations, among states, and with the Indian tribes.”

Lopez v U.S

Gibbons v Ogden