Government Unit 8: Judiciary Branch

Article III

Constitutional Article that establishes the Judicial Branch.

Jurisdiction

An area of authority or control; the right to administer justice.

Plaintiff

A person or party filing a lawsuit

Defendant

An individual or group being sued by a plaintiff or charged with a crime by a prosecutor.

Appellate Jurisdiction

Authority of court to review a decision of a lower court or administrative agency.

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.

Precedent

(civil law) a law established by following earlier judicial decisions

District Court

Lowest level of federal courts, where federal cases begin &trials are held (94 of them - every state has at least one )

Courts of Appeal

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.

Supreme Court

Consists of nine justices, each nominated by the President and confirmed by the Senate. Appointment is for life with good behavior.

Term of Federal Judge

Life with Good Behavior

Qualifications for Federal Judge

None

Judicial Activism

A philosophy of judicial decision-making whereby judges allow their personal views about public policy (liberal or conservative) or the contemporary realities to guide their decisions on the bench.

Judicial Restraint

A doctrine holding that the Supreme Court should defer to the decisions made by the elected representatives of the people in the legislative and executive branches and thus seldom strike down laws as unconstitutional.

Writ of Certiorari

A request from a higher court asking a lower court for the record of a case. In essence, the request signals the higher court's willingness to exercise its discretion and review the decision of the lower court in the case.

Majority Opinion

A written statement presenting the views of the majority of supreme court justices regarding a case. The official holding of the case.

Concurring Opinion

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

Dissenting Opinion

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

John Roberts

Chief Justice of the Current Supreme Court

Sandra Day O'Connor

First female Supreme Court Justice

Thurgood Marshall

First African American Supreme Court Justice

Sonia Sotomayor

First Hispanic Supreme Court Justice

Nine Justices

Current number of justices on the Supreme Court, but not set by the Constitution

Judicial Review

Authority given the courts to review constitutionality of acts by the executive/state/legislature; est. in Marbury v. Madison

Marbury v. Madison

The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress, (the Judiciary Act of 1789).

Scott v. Sanford

1857 Supreme Court decision ruling that a slave who had lived in a free state enjoyed no rights as a citizen and thus lacked standing in federal court. Dicta included concept that Congress had no authority to ban slavery in the territories.

Plessy v. Ferguson

Supreme Court case in 1896 that establish "separate but equal" doctrine as constitutional under the 14th Amendment

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal under the 14th Amendment and ordered all public schools desegregated.

Miranda v. Arizona

1966 - Established the Miranda warnings of counsel and silence. Must be given before custodial questioning. Warren Court's expansion of the rights of the criminally accused.

Escobedo v. Illinois

1964 -Ruled that a defendant must be allowed access to a lawyer before questioning by police.

Gideon v. Wainwright

1963 ruling that a defendant in a felony trial must be provided a lawyer free of charge if the defendant cannot afford one.

Mapp v. Ohio

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)

State Action Doctrine

The 14th amendment and its equal protection and due process protections only guaranteed protection against government policies, not equal treatment by private individuals and businesses. This was decided in the Supreme Court Civil Rights Cases (1883).

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Second Amendment

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Fourth Amendment

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures..."

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

Sixth Amendment

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Tinker v. Des Moines

The case that ruled that students do not lose Constitutional rights when they entered the building but they can be limited if they cause a disruption; Black armbands in school is free speech, protected by 1st amendment

Morse v. Frederick

"Bong Hits 4 Jesus" case in which the Court found 1st Amendment allows public schools to prohibit displays of messages promoting use of illegal drugs at school-supervised events. Speech rights of public school students are not as extensive as those adults normally enjoy.

Engel v. Vitale

The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.

Employment Division v. Smith

(1990) The Court ruled that Oregon could deny unemployment benefits to workers fired for using drugs (peyote) as part of a religious ceremony

Right to Privacy

A constitutional right created and expanded in US Supreme Court decisions concerning access to contraceptives, abortion, private sexual behavior, and other matters, even though the word privacy does not appear in the Constitution.

Griswold v. Connecticut

(1965) The Court found a Connecticut statute forbidding use of contraceptives by married couples violated privacy which is within the penumbra of specific guarantees of the Bill of Rights.

Roe v. Wade

The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.

NJ v. TLO

T.L.O was accused of smoking in a high school bathroom. The principal searched her purse. The court ruled that it did not violate the Fourth and Fourteenth Amendments because it was on school grounds and due to the doctrine of in loco parentis the court allow the search on "reasonable suspicion".

Safford v. Redding

a school administrator conducted a strip-search for drugs on a minor in the public schools. The court ruled that it was a more invasive search than in NJ v. TLO and was a violation of 4th Amendment protections without probable cause.

Chief Justice John Marshall

Federalist whose decisions on the U.S. Supreme Court promoted federal power over state power and established judiciary as a branch of government equal to legislative and executive; established judicial review, which allows Supreme Court to declare laws unconstitutional

Warren Court

Liberal Supreme Court under Earl Warren decisions were made expanding civil rights, the rights of the criminally accused and recognizing a right to privacy.

Bill of Rights

The first ten amendments of the U.S. Constitution, containing a list of individual rights and liberties, such as freedom of speech, religion, and the press.

George Mason

American Revolutionary leader from Virginia whose objections led to the drafting of the Bill of Rights based on his Virginia Declaration of Rights

Ratification of the Constitution

Some Anti-Federalists voted to ratify the Constitution under the following conditions: Bill of Rights and an amendment that would reserve for the states all power not specifically granted to the national government.

Virginia Declaration of Rights

Served as a model for the Bill of Rights to the Constitution of the United States of America. Written by George Mason.

Civil Rights

Policies designed to protect people against arbitrary or discriminatory treatment

Civil Liberties

Constitutional freedoms guaranteed to all citizens in the First Amendment

14th Amendment incorporation doctrine

The Supreme Court applied the Bill of Rights to the states through the protections of the 14th.

Search warrant

A court order allowing law enforcement officers to search a suspect's home or business and take specific items as evidence

probable cause

evidence sufficient to warrant an arrest or search and seizure

plain view doctrine

The legal principle that objects in plain view of a law enforcement agent who has the right to be in a position to have that view may be seized without a warrant and introduced as evidence. (exception to warrant requirements)

Exclusionary rule

A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct (Mapp v. Ohio)

Examples of Speech not protected or given limited protection

libel, slander, sedition, fighting words, speech that creates a clear and present danger, obscenity

Symbolic speech

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.

Time Place and Manner Restrictions

Courts will allow these restrictions on speech as not violating the First Amendment

Sedition Acts

Example of federal law restricting political speech (Quasi-War with France, and WWI)

Consent Search

a search where a person voluntarily waives their constitutional protection from unreasonable searches and seizures, and allow an investigator to search their home, person, and property.

Hot pursuit exception

an exception to the warrant requirement. Authorities may seize any incriminating evidence that comes into view during a pursuit.

Exigent circumstances search

an exception to the warrant requirements where under certain emergencies immediate action in necessary and therefore no time exists for a search warrant to be obtained

Lemon v. Kurtzman / Lemon Test

The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion.

Court Packing Plan

President FDR's failed 1937 attempt to increase the number of US Supreme Court Justices from 9 to 15 in order to save his New Deal programs from constitutional challenges

US v. New York Times

Allowed the publication of the Pentagon Papers, Government must show evidence of danger before it can exercise prior restraint and censor the media

Senate Confirmation

the process outlined in Article Two of the Constitution, giving the Senate the authority to approve appointments made by the president. including Supreme Court Justices

Senatorial courtesy

Tradition where the U.S. senator from the state where a federal judiciary is open has a say in the president's nomination for the new judge if the senator is of the same party as the president.

In loco parentis

Meaning "in the place of a parent". This term describes the implied power and responsibilities of schools.

14th Amendment Equal Protection clause

The first time the Constitution discussed equality and the basis for subsequent civil rights cases like Plessy v. Ferguson, Brown v. Board and Obergefell v. Hodges.

Bowers v. Hardwick, 1986

The Court did not extend the right to privacy to cover homosexual activity between consenting adults.

Lawrence v. Texas, 2003

The Court reversed its decision in Bowers v. Hardwick and extended the right to privacy to same-sex couples consensual behavior.

Riley v. California

Warrantless search of cell phone during an arrest is a violation of the 4th Amendment protection against unreasonable searches.