UNit 4 - Judical Branch

criminal case

brought by the state to one who has broken criminal law. state or the people versus the defendant

civil case

2 or more parties arguing a legal dispute (private, non-criminal)

Original Jurisdiction

court authority to hear disputes as trial court. Jurisdiction of courts hearing a case first. Most cases end at this stage. Facts of a case determined.

Appellate Jurisdiction

court ability to review cases decided by trial court. Can review/revise cases of lower courts.

litigant

one involved in a civil legal case (complaint being made about them or they are complaining). court of appeals & Supreme Court

Class Action Suit

allows 1+ plaintiffs to file and prosecute a lawsuit on behalf of a larger group. One case to represent several.

Senatorial Courtesy

presidential appointments are confirmed if there is no objection by senators from the appointee's state, especially from the senior senator from the state of the president's party. Senators courtesy to select judges

district court

bottom of 3-tier system. At least one in each state staffed by a fed judge.

circuit court of appeals

was composed of one district judge & 2 itinerant supreme court justices (met 2x a year). If people are unhappy with the district court decision, can appeal to this court.

Writ of Certiorari

request for Court to order record of a lower court to review the case and use judicial review (“to be informed”).

Solicitor General

appointed by president, 4th ranking member of Department of Justice & responsible for handling most appeals on behalf of govt to Court. One of most important determiners if a case will be heard

Amicus Curiae Brief

“friend of the court”; 3rd party to lawsuit that files legal brief to raise more points of view to influence a court’s decision

Quorum of 6

needed for supreme court to hear an oral case

majority opinion

if the Chief justice votes w/maj, decides who writes the opinion. Written by one justice and sets reasoning for case and is precedent for future cases

concurrence

when justices agree with the majority opinion but have different logic.

dissent

relies upon previous dissenting opinions. opinion of judges who disagree with the outcome of the case.

Stare Decisis

reliance on past ruling on case to make new decisions

precedent

prior judicial decision that serves as a rule for settling similar cases

judicial restraint

gay marriage; courts should allow the decisions of other branches to stand, even when they go against/offend a judge’s principles. Assert position by stating fed courts are composed of elected judges, making the judicial branch least democratic. Courts should allow states and other branches to solve social, economic, or political problems. Court relies on past precedent or waits for congress to deal with issues/to states.

Judicial Activism

roe v wade; brown v board; court should use power to solve social, economic, and political problems. Court’s job to correct injustices of other branches and protect oppressed minorities. Deals with issues in absence/opposition to legislation/executive action/reversing past precedent.

Statutory Construction

process where courts interpret & apply legislation.

original intent

courts must try to interpret a text with the original intent of the author and try to allow for their accomplishments.

strict constructionism

interpreting the const with emphasis on Framer’s intentions

standing

establishes who is entitled to bring a lawsuit to court. To sue, plaintiffs need a serious interest in a case; individuals must show personal harm.

rule of 4

at least 4 justices of Court must vote to consider cases before they’re heard

judicial review

court power to review the acts of the states and other branches of government.

burger court

The Court under Chief Justice Warren Burger. advanced the Warren Court's privacy decisions to abortion. less activist than Warren Court but still upset conservatives.

docket

official summary of proceedings in a court of law
The Shadow Docket: time sensitive cases; emergency petition for quick ruling. List of cases for trial/people having cases pending or court's calendar.

Senate Judiciary Committee

screen nominees & recommends to senate floor. Lots of scrutiny recently.

Per Curiam

opinion: unsigned opinion issued by Court. Justices rarely dissent this. Unanimous agreement decision of a judge.

gibbons v odgen

Ogden filed a complaint to stop Gibbons from operating boats. Gibbons disagreed that the Constitution gave Congress power over interstate commerce. Concluded that the fed govt does have this power.

Judiciary Act of 1789

initiated 3-tiered fed court structure. Started to give form to the federal judiciary. District court→Court of Appeals→Supreme Court. Supreme Court size set at 6 (chief justice+5 associates)
Extended powers of judiciary (not enumerated): one is to issue writs of Mandamus (gives power to complete a public official to perform their duties).

warren court

expanded civil rights, civil liberties, judicial power, and federal power. Maj decisions: Brown v. Board of Education , Gideon v. Wainwright (right to counsel), Baker v. Carr (election law), Reynolds v. Sims (election law), Miranda v. Arizona. Earl Warren.

writ of mandamus

requires an official to do their job. Court order requiring lower govt official to do their job

common law

old laws in place relied on

criminal law

laws against society

civil law

disagreement between 2 parties

injunction

court order-tells you to stop (stops laws from going into effect until works in the court system)

trial courts

bottom of 3-tier system, where litigation begins (original jurisdiction of a case)

legislative courts

set by Congress under implied powers (court of military appeals)

brief

document with legal written arguments in a case filed w/a court by a party prior to hearing/trial

simple majority

senate needs this to confirm nominees

in forma pauperis

way for poor/indigent person to appeal case to Court

Judicial Implementation

how and if judicial decisions are translated into public policy affecting more than the immediate lawsuit parties

Rehnquist Court

Reagan appointee. Judges vote at the same time, in order of seniority. U.S. v Lopez, and also Bush v. Gore. Accused too activist by liberals.