The Federal Judiciary (Video Notes)

Vocabulary flashcards covering the key concepts from the lecture notes on the U.S. Federal Judiciary.

Judicial power (federal)

The authority of the federal courts to interpret and apply laws, vested by Article III.

Judicial review

Power of courts to declare laws unconstitutional; established by Marbury v. Madison (1803).

Article III

Constitution provision creating the federal judiciary and granting federal judicial power.

Article I

Constitution provision giving Congress the power to determine the number and types of lower federal courts.

Lifetime tenure / tenure during good behaviour

Judges hold office for life to ensure independence, with salaries protected from reduction.

Impeachment

Process by which Congress can remove federal judges for misconduct or incapacity.

Salary protection

Federal judges’ salaries cannot be reduced during their tenure.

Advice and Consent

Senate's role to confirm presidential nominees for federal judges.

Simple majority confirmation

Nomination approved by a majority vote in the Senate; filibusters on nominations are not used for SC nominees.

Senate Judiciary Committee hearing

Committee hearing where nominees are questioned as part of confirmation.

Diversity jurisdiction

Federal courts can hear state-law cases involving parties from different states if the amount in controversy exceeds $75,000.

Limited jurisdiction

Federal courts hear mainly cases arising under federal law; many cases fall to state courts.

Case or controversy

Article III requirement that courts decide actual disputes, not advisory opinions.

Standing

A party must show a legally cognizable injury to sue.

Mootness

A case with no ongoing actual dispute cannot be heard by courts.

Political question doctrine

Some disputes involving the branches of government are resolved politically rather than by courts.

District Courts

Bottom tier of the federal system; 94 districts; original jurisdiction; hold civil and criminal trials.

Criminal federal cases

Prosecution for federal crimes; penalties include fines and imprisonment (e.g., tax evasion, mail fraud).

Civil federal cases

Civil disputes including private lawsuits or claims against the government; right to jury trial in civil cases (Seventh Amendment).

Seventh Amendment

Right to a jury trial in civil cases.

Sixth Amendment

Right to a jury trial in criminal cases; applies to state courts as well.

Circuit Courts of Appeals

Appellate courts that review district court decisions for legal error; no trials; 13 circuits.

Ninth Circuit

Example of a circuit that reviews district courts in California and several Western states.

DC Circuit; Patent and International Trade Circuit

Two specialized circuits within the federal system.

The Supreme Court

Highest court with original and appellate jurisdiction; discretionary review; hears less than 3% of petitions; 9 justices.

Discretionary review

The Court selects which cases to hear; typically cases with important constitutional issues or split circuits.

Composition of the Court

Nine justices; as noted in the material, 6 Republican appointees and 3 Democratic appointees.

Stare decisis

Doctrine that precedents are to be followed to ensure consistency and predictability.

Overruling precedent

Only the Supreme Court can overturn its own previous decisions.

Judicial restraint

Judiciary should defer to elected legislatures and avoid overturning laws unnecessarily.

Judicial activism

Judiciary should take a more expansive role to protect liberties; can be liberal or conservative.

Original intent

Interpretation of the Constitution based on the framers’ original purpose when language is unclear.

Living Constitution

Interpretation of the Constitution as a living document reflecting changing values and circumstances.

Brief

Written summary filed with the Court describing facts, law, precedents, and arguments.

Oral arguments

In-person presentations before the Court, typically about 30 minutes per side.

Majority opinion

Opinion representing the views of the majority and stating the Court’s decision and reasons.

Dissenting opinion

Opinion of the minority explaining why they disagree with the majority.

Concurring opinion

Opinion by a justice agreeing with the majority outcome but for different reasons.

Certiorari (writ of certiorari)

The Supreme Court’s grant of review; requires the vote of four justices.