Chapter 6 - The Judiciary

Constitutional Courts

Courts that are directly/indirectly mentioned in the constitution — U.S. District Ct, U.S. Circuit Ct of Appeals, U.S. Supreme Ct.

Can expand/reduce size of Jud. branch

Congress

Supported Fed Ct system

thought that a national judicial system that has a top court for uniformity was necessary.

Did not support Fed Ct system

states already had courts, did not see reason to create new, costly judicial system to serve the same purpose.

Federal judges are appointed by…

The president, then confirmed by senate

Life Term

refers to a judges ability to serve for life, allowing them to operate independently from other branches since they have no power to remove Judges over ideologies.

Original Jurisdiction

The Supreme Court’s ability to hear a case for the first time — in cases affecting ambassadors and public ministers and those in which a state is a party.

Appellate Jurisdiction

The Supreme Court’s ability to act as an appeals court.

Treason

“levying war” or giving “aid and comfort” to the enemy. Only crime listed in the Constit.

Criminal Defendants

Have a right to jury trial — according to Article 3 of Constit.

U.S. Supreme Court

Top court — Created by Article 3 of Constit. 9 justices, heard 80-100 cases from Oct-June, has Original Jurisdiction in Unique cases, takes appeals from Circuits and Top State courts.

U.S. Circuit Court

Middle court, created by Congress. 11 regional courts, 2 courts in Washington (D.C and Federal), Nearly 200 justices, takes appeals from district courts, justices sit in panel of 3.

U.S. District Court

Lowest court, trial courts created by Congress. 94 districts, nearly 700 justices, hear federal criminal and civil matters.

Plaintiff/Prosecution

The party initiating the action. In a criminal trial, gov’t is the plaintiff, or “prosecution”

Defendant

The party answering the claim. In civil trials, defendant who allegedly injured the plantiff.

Plea Bargain

Gov’t and defendant bargain for lesser sentence in exchange for a guilty plea before the trial starts, only If there is enough evidence to prove the defendant guilty.

U.S. Attorneys

Appointed by President, approved by Senate. Represents the fed gov’t in fed courts. Works with Law Enforcement Agencies and under Attorney General. There are 94, 1 for each District.

Civil Case

Disputes over a business or personal conflicts. Usually in state courts.

Class-action suit

Multiple parties come together

Injunction

Court order to losing party in civil suit

Marbury v. Madison

Created the power of Judicial review

Common Law

The body of court decisions that make up part of the law

Precedent

A ruling that firmly establishes a legal principle

Stare Decisis

Let the decision stand

Binding Precedent

Judge must follow precedent from a higher court even if they agree with that ruling - SC does not necessarily follow, as there is no higher court, but they do follow their own precedents.

Persuasive Precedent

Consider decisions from past courts (further away or same level) to make a decision

John Marshall

Father of the Supreme Court. Encouraged united decisions, strengthened national supremacy and congress’ commerce power. Strengthened power by establishing Judicial review

John Roberts

Current Chief Justice of the SCOTUS

Example of the Court overturning one of its own decisions

Plessy v. Ferguson (1896) - separate but equal. —> Brown v. Board of Education (1854)

Taney Court

Increased to 9 Justices and created additional circuits - did it to ease the workload and possibly protect slavery. Conservative leaning, got rid of health, safety, civil right laws. Ex: Lochner v. New York (1905) overturned law preventing bakers working >10 hrs day

Dred Scott v. Sandford Decision

DS traveled with his master into free territory, claimed he should be free. Ruling held that DS wasn’t even a citizen, had no legal right to be a party in Fed court. Slave owner’s right to due process and property prevented gov’t from depriving him of that no matter where they were, compromise of 1820 was shut down.

Compromise of 1820

Admitted Missouri as a slave state and Maine as a non-slave state at the same time - struck down in DS v. Sandford Decision.

Strict Constitutionalist

Interprets constitution in a strict way in its original context.

Liberal Constitutionalist

Interprets constitution as a living, changing document and considers context since identification

How did FDR try to circumvent the majority in the Hughes court?

Tried to pack court by adding one Justice for every then justice over the age of 70 — allowed him to appoint 6. Rejected by court, congress, and the public.

Warren Court

Unpopular, overturned state policies by elected legislatures and treasuries, appeared as an insult to states political culture.

WCLC - Brown v. Board of Ed. (1954)

Overturned Plessy v. Ferguson — “Separate but equal” violated 14th amendment - equal protection clause.

WCLC - Engel v. Vitale (1962)

Upheld establishment clause of 1st amendment. Public school-sponsored prayer is unconstitutional

WCLC - Gideon v. Wainwright

All citizens must be provided a lawyer even if they can’t afford one.

WCLC - Tinker v. Des Moines (1969)

Allowed students to participate in non-disruptive symbolic speech in schools.

How was Burger an ineffective Chief Justice?

Upheld the court and crowded it w/ cases by waiting for unanimous opinions.

Roe v. Wade

Nationally legalized abortions up through first trimester

Rule of Four

four out of nine justices must agree to accept a case for it to be presented to SCOTUS

Majority Opinion

Issues something reflecting the court’s ruling and rationale — Author is Chief Justice of someone they appoint or most senior justice.

Dissenting Opinion

Opinion against the decision - Author is senior associate of Dissenting Opinion

Concurring Opinion

Agree with the majority but not the reasoning - Senior Associate

Per Curiam Opinion

Issued decision without a full explanation - Author all justices together

Borking

Obstruct (someone, especially a candidate for public office) by systematically defaming or vilifying them. — When the confirmation process begins to focus on ideology, they can be borked.

Head of the Justice Dept.

Attorney General

Solicitor

Determines which cases to appeal to the U.S. supreme court and represents the U.S. in SCOTUS cases.

U.S Attorneys are responsible for ——

prosecuting accused criminals. they also defend the U.S. when a party sues the gov’t.

Amicus Curiae Brief

Argues for a particular ruling in the case