US History I Honors Unit 4 Part 2.3: Article 3

Judicial Powers

Supreme Court

This is the only court created by the Constitution —> first national judiciary

John Roberts

The current chief justice of the Supreme Court

Federal Judiciary Act of 1789

This act established the courts in the United States

Trial by Jury

Any person accused of a federal offense has a right to this

Jurisdiction

The legal authority of a court to hear and decide a case

Original Jurisdiction

The power of a court to hear a case where it originated from

Appellate

This type of jurisdiction gives the court the right to review cases on appeal

Final

This type of jurisdiction does not allow further appeals

Concurrent Jurisdiction

A person can be tried in more than one court when they commit both a federal and a state offense (this does not count as double jeopardy). Usually, they are tried in the federal court because of greater resource availability, but if the federal court does not convict them, they can also be tried in the state court

geographically

Judicial districts are _____________ equal

District Court

There are 94 of these in the US, each with at least one judge

They are the primary trial courts, and 80% of federal cases start here

They can try criminal or civil cases

Criminal

In this type of case, someone can go to jail. The aim is to prove guilt or innocence

Civil

This type of cases includes lawsuits

Grand Jury

16-23 members

Hears charges and determines whether they are enough to hold a trial

• If there is enough evidence to hold a trial, the person accused is indicted

Indictment

A formal charge or accusation of a crime

Petit Jury

6-12 people in state courts

12 in federal courts

This jury weighs evidence to determine guilt or innocence (usually the jury most people think of first)

Appeals Court

There are 14 of these courts in the country. These are regional courts that hear the decisions of lower courts. You can only appeal if you feel that a law was broken or a mistake made in court (not just if you don’t agree with the decision)

real

The Supreme Court can only hear _________ cases or controversies (no hypothetical situations)

Advisory opinions

The Supreme Court cannot issue this because it infringes on Congress’ law-making power

Tie

There is no change to a law or decision if the Supreme Court voting results in this situation

Writ of Certiorari

 If the Supreme Court decides to take a case, this is issued to lower courts to get all the information about the case

Rule of Four

If 4 justices vote to accept the case in the Supreme Court→ it will be heard

• They take cases with a broad impact and multiple applications

• Cases that can fill gaps in the law (such as technology)

Amicus Curiae

People who are not directly tied to the case can write briefs as “friends of the Court” if they believe that the decision will affect them

Oral Arguments

30min-1hr for an attorney to present their opinion and for justices to ask questions

Majority Opinion

When the Supreme Court makes a decision, the chief justice writes (or chooses someone else to) this (if he is in the majority). Otherwise, it is the person with most seniority. This acts as an extension of the law and the author is not credited.

Dissenting Opinion

Those justices who did not vote with the majority also issue an opinion. This does not become law but helps provide clarity on the case. The author is credited

Concurring Opinion

This opinion emphasizes different aspects of the majority opinion. The author is credited as this does not become law

Judicial Review

The power of the Court to declare a law or act of the president unconstitutional

• This means that 5 unelected judges can overturn 536 people (House + senate + president)

Marbury vs Madison

The power of Judicial Review comes from this 1803 case

Judicial Temperament

The will of a judge to overturn (or not to overturn) laws

Judicial Restraint

This type of Judicial Temperament is when judges are reluctant to or avoid overturning laws

Judicial Activism

This type of Judicial Temperament is when judges do not hesitate to use their power to overturn laws

Treason

This term includes:

• Levying war against the US

• Adhering to the US’ enemies

  • Offering aid and comfort to enemies