Unit 2C Judicial

Article III

court system of judicial: 

• life tenure for good behavior

• compensation cant be diminished (in office)

• congress establishes lower/inferior courts

• supreme court = og jurisdiction: state v. state, U.S. v. state, or diplomats

Senatorial Courtesy

SCOTUS justice - tradition for president to seek input and approval from the nominee’s state senators before announcing nomination

Judicial Nomination Process

president nominates all federal judges/justices. confirmed by senate.

nominee has background investigation, and special interest groups (SIGs) will support/admonish. 

senate judiciary committee conducts hearings, interviews candidates (SCOTUS), and report recommendation to full senate. then senate debates and votes (simple majority for confirmation). 

Dual System

two court systems - 50 state courts and federal courts. 

at each lvl, 3 tiers of courts. courts of og jurisdiction, appellate courts (appeals), and supreme courts.

Original Jurisdiction

court that hears case for first time (makes decision)

Appellate Jurisdiction

courts that hear appeals. decide law application not facts of og case

ex. whether a law was properly applied

District Court

lowest court lvl. determines fact of case and rules on it (og jurisdiction).

Court of Appeals

second court lvl. hears appeal of decision of case from district.

Criminal Law

criminal action - incarceration or legal punishment

Civil Law

suits filed by individuals/organizations against individuals/organizations. financial compensation end result

Common Law System

based on england and inspo for fed 78. law established by legislative process, but is interpreted and amended by judiciary. judiciary’s job is to interpret based off constitution 

Judicial Activism

social justice - role of court is to promote justice, liberty, and equality. modern interpretation of constitution, going beyond current interpretations of law to consider societal implications

Judicial Restraint

generally support acts of congress, respect precedent, and only strike down obviously unconstitutional acts. minimal involvement, w/ traditional interpretation of constitution

Originalism

constitution must be interpreted according to what framers meant when they wrote it. static document, not up for modern day amending or re-interpretation

Stare Decisis

“let the decision stand” - adhering to precedent (prev decision)

Precedent

(prior) ruling that serves as a guide on how to decide later cases of similar nature

Writ of Certiorari

request lower court to send up its records of a case to be reviewed by superior court. select few cases that request for writ are granted (if not issued then supreme court essentially refuses to hear cases).

Rule of Four

4+ justices must agree to hear case in order for SCOTUS to issue writ of certiorari and place on court’s docket/agenda. only 95-100 out of 8000+ cases receive writ per year

Briefs

arguments filed in support of one side of the litigation (legal proceeding) in a case

Amicus Curiae

“friend of the court” briefs - special interest groups (SIGs) who write in support of one side of the case. attempt to influence thinking of justices

Solicitor General

lawyer representing U.S. in cases where it is plaintiff or defendant

Majority Opinion (holding)

SCOTUS - general ruling in case. sets precedent and resolves issue. written by senior justice of majority vote. explains legal rationale of decision

Concurring opinion

opinion agreeing w/ majority, but w/ additional or different line of legal reasoning

Dissenting Opinion

against majority opinion, explaining why dissenters believe decision reached by majority is wrong