SCOTUS/Federal Courts/State Courts

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.

Appellate jurisdiction

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

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) (Desperate times, desperate measures)

Supreme Court

Consists of nine justices, each appointed by the President and confirmed by Senate. Appointment is for life. Supreme Court exercises the power to determine constitutionality of statutes

Judicial Review

Allows the court to determine the constitutionality of laws and executive decisions

U.S. District Courts

Courts within the lowest tier of the three-tiered federal court system; courts where litigation begins. (94 of these)

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. (2nd level of federal court)

Branch that establishes lower federal courts

Congress, Art 1 Sec 8 (referenced again in Article 3, Sect 1)

Article 3

SCOTUS

Felonies

A serious criminal offense punishable by a prison sentence of more than one year

Misdeameanor

is a minor crime, punishable by a fine and or imprisonment for less than a year

Wobbler

A crime that can be punished either as a felony or misdemeanor

Petit jury

12 person trial jury in CA; must be unanimous

Grand jury

A jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment.

Superior Court

Court responsible for hearing civil and criminal trials, divorce cases, felony cases, and land titles.

Departments in CA Superior Courts

Family, Juvenile, Small Claims, Probate, & Traffic Court

District Attorney (DA)

Public official who acts as prosecutor for the state or the federal government in court in a particular district.

Assistant DAs

Lower attorneys that assist and try crimes under the direction of the DA

Attorney General

Head of the department of justice

Collaborative courts in CA

Known as problem-solving courts- combine judicial supervision with rehabilitation services that are rigorously monitored and focused on recovery to reduce recidivism and improve offender outcomes. (i.e. community courts, drug courts, DUI courts, homeless courts, mental health courts, reentry courts, veterans courts, and courts where the defendant may be a minor or where the child's welfare is at issue)

How many cases are heard by SCOTUS?

average 80-100 a year

Who chooses the cases for SCOTUS?

SCOTUS

Rule of Four

At least four justices of the Supreme Court must vote to consider a case before it can be heard

Stare Decisis (precedent)

"Let the decision stand"...courts generally follow the decisions of lower courts in similar cases that set a precedent

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 one side.

Writ of certiorari

An order by a higher court directing a lower court to send up a case for review

Original intent

A view that the Constitution should be interpreted according to the original intent of the framers. Many conservatives support this view.

Loose construction

Broad interpretation of the Constitution, meaning that Congress has powers beyond those specifically given in the Constitution