AP: The Judiciary

The Judiciary Act of 1789

Original Jurisdiction of the Supreme Court

the authority of a court to hear a case before any other court does; SCOTUS has original jurisdiction in cases of ambassadors and disputes between states

Appellate jurisdiction/court

The authority of a court to review decisions made by lower courts

*Marbury v Madison

This case establishes the Supreme Court's power of Judicial Review.

The court ruled that the court issuing writs of mandamus to deliver judge appointments under the Federal Judiciary Act unconstitutionally changes the jurisdiction of the courts. Struck down part of the judiciary act (which is judicial review)

U.S. District Court

The lowest federal courts where federal cases begin. They are the only federal courts where trials are held. There are 94 district courts

U.S. Circuit Court of Appeals

The court that hears the appeal of the court decision made in the US District Court. No juries in an appellate court.

Precedent

an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances. The courts rely on precedent when making decisions

Stare Decisis

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

Brief (textbook definition)

A written argument submitted by opposing sides in a case before the oral argument is heard.

Senatorial Courtesy

a process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination by simply registering their objection

Writ of Certiorari

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

Rule of 4

In order for the Supreme Court to grant a writ of cert, at least 4 judges must agree to hear it.

Amicus Curiae

A Latin term meaning "friend of the court." Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or oral arguments in support of one side.

Majority opinion

a court opinion reflecting the views of the majority of the judges

Dissenting opinion

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

Judicial Restraint

A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures

Judicial Activism

An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court). When the courts overturn precedent or policies voted in by the electorate.

Judicial Implementation

how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit

Strict Interpretation

A way of INTERPRETING the Constitution that allows the Federal Gov't to ONLY do those things SPECIFICALLY mentioned in the Constitution;

Loose Interpretation

Government can do anything not expressly forbidden by the Constitution.

originalist view

an approach to constitutional interpretation that says the constitution means the same thing today as it did when it was drafted in the summer of 1787, making no allowances for societal changes. it also says the constitution's meaning can only be changed by a formal amendment

Living Constitution

A way of interpreting the Constitution that takes into account evolving national attitudes and circumstances rather than the text alone.

Senate Judiciary Committee

Holds confirmation hearings for the nominations for federal judges by the president.