AP Gov - Judicial Branch Exam

Chapter 6

constitutional courts

federal courts established under Article III that interpret laws and ensure they follow the Constitution. Supreme Court, Courts of Appeals, and District Courts, with judges serving for life.

Article III

establishes the judicial branch (including the courts), and defines their powers and jurisdiction. It ensures judicial independence by granting judges lifetime employment and protecting their salaries.

federal judges term

lifetime unless they resign or they are removed by impeachment

original jurisdiction

a court's authority to hear and decide a case for the first time, meaning it's the initial court where a case is filed and tried (typically through lower courts)

appellate jurisdiction

a court's authority to review and change lower court decisions, focusing on legal errors rather than new evidence

treason

only crime defined in constitution - acting against the U.S. by imposing war or giving aid to its enemies. Requires two witnesses or a confession for conviction.

litmus test

political _____ used to determine if a judge or nominee has specific views on key issues, often to ensure they align with a party’s beliefs.

Federalist 78

defends lifetime judicial appointments to protect judges from politics, explains the judiciary's role in ensuring laws match the Constitution, and calls the courts the "least dangerous" branch because they can't make laws or control the military.

senatorial courtesy

a president seeks approval from a senator before nominating a judge to a court in that senator’s home state.

judicial restraint

a judge not forcing his or her own preferences into legal proceedings and rulings. judges should exercise judicial restraint if they are hesitant to strike down laws that are not obviously unconstitutional.

Justice Department

_________ enforces court rulings, investigates judicial misconduct, and argues cases in court, but cannot remove judges or overturn rulings (ex. the FBI)

impeachment

congress can _______ & _______ federal judges for misconduct, such as corruption or serious ethical violations

congressional oversight

congress can pass laws that limit court jurisdiction, change the number of justices, or propose constitutional amendments to override court rulings.

jurisdiction

the official power to make legal decisions and judgments

ideology of the court

a judge's philosophical approach to interpreting the law, (ex. conservative, liberal, or moderate) influencing their rulings on key issues.

originalist / strict constructionist

a judge who interprets the Constitution literally and sticks to its original meaning, limiting government power.

liberal constructionist

a judge who interprets the Constitution broadly, allowing for modern adaptations and expanding government power when needed.

Warren Court

the liberal Supreme Court (1953–1969) led by Chief Justice ____ _____, known for expanding civil rights and liberties (e.g., Brown v. Board, Miranda rights).

Burger Court

the moderate-conservative Supreme Court (1969–1986) led by Chief Justice ______ ______, known for Roe v. Wade and limiting executive power (U.S. v. Nixon).

Rehnquist Court

conservative-leaning Supreme Court (1986–2005) led by Chief Justice William _________, known for strengthening states’ rights and limiting federal power (e.g., U.S. v. Lopez).

Legislating after unfavorable decisions

jurisdiction stripping & legislative overrides

jurisdiction stripping

congress limits or removes a court’s power to hear certain cases, usually to prevent judicial review of specific laws or policies

petition for certiorari

a formal request asking the Supreme Court to review a lower court’s case.

rule of four

at least four Supreme Court justices must agree to hear a case for it to be granted certiorari

majority opinion

the official ruling of the Supreme Court, written by a justice from the winning side, explaining the decision and reasoning.

concurring opinion

a justice agrees with the majority ruling but for different legal reasons, so they write a separate opinion

dissenting opinion

a justice disagrees with the majority ruling and writes an opinion explaining why

judicial activism

when courts actively shape policy through broad rulings instead of strictly interpreting laws
ex. Brown v. Board (ended segregation), Roe v. Wade (protected abortion rights)

judicial review

the power of courts to _______ laws and executive actions to ensure they align with the Constitution.

Judiciary Act of 1789

established the federal court system and defined the jurisdiction of the Supreme Court and lower courts.

U.S. District Court

the trial courts in the federal system where cases are heard for the first time, involving both criminal and civil matters.

criminal trial (prosecution, defendant)

a legal case where the ________ (government) brings charges against the _________ (accused of a crime).

civil trial (plaintiff, defendant)

a legal case where the ________ (suer) seeks to resolve a dispute with the ___________ (accused), typically involving issues like contracts or personal injury.

attorney general

the head of the Department of Justice, responsible for overseeing law enforcement and representing the U.S. in legal matters

U.S. Court of Appeals

a federal court that reviews decisions made by lower district courts and has the power to uphold, reverse, or modify rulings

certiorari

a Supreme Court procedure where a party requests the Court to review a lower court decision. the Court grants it if at least four justices agree

U.S. Supreme Court

the highest court in the U.S., which has the final say on constitutional issues and can hear appeals from lower federal courts

Marbury v. Madison

the landmark case (1803) that established the principle of judicial review, giving courts the power to declare laws unconstitutional.

binding precedent

past decisions that lower courts must follow

persuasive precedent

past decisions from the other jurisdictions or courts that may influence but aren’t binding

stare decisis

the principle that courts should follow precedents in order to maintain consistency in legal rulings

precedent case overturned by the Supreme Court

Plessy v. Ferguson (1896) upheld segregation, but was overturned by Brown v. Board of Education (1954), which declared segregation in public schools unconstitutional.

precedent

previous court decision or legal ruling that serves as an example or authority for future cases with similar issues