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1. How do courts make decisions?

1. How do courts make decisions?

they follow established legal procedure; the rely on precedent; the use the Constitution; etc.

How do they exercise their power to protect individual rights?

courts may preempt states’ slower decision making processes to intervene on behalf of individuals

3. What distinguishes the Supreme Court from all others?

SCOTUS has both appellate and original jurisdiction; specifically granted power as the highest court

4. Why do you believe the Constitution’s framers chose lifetime terms?

personal opinion; debate selection/appointment versus election

appellate jurisdiction

where the decision of the lower court is reviewed due to a legal or procedural error

article 3

established a third branch of govt, judiciary

checks and balances

limitations placed on governmental power; separation into branches that oversee one another

judicial review

the power of the courts to review actions taken by the other branches of government

and the states and to rule on whether those actions are constitutional

judiciary

judicial authority, courts, judges, justices

Judiciary Act of 1789

expands on Article III with details about additional federal/national courts, court structure and operations

jurisdiction

–the power of a court to hear a case on appeal or to hear a case for the first time

Marbury v. Madison

the 1803 Supreme Court case that established the courts’ power of judicial review and the first time the Supreme Court ruled an act of Congress to be unconstitutional

original jurisdiction

where federal cases involving national laws are tried, witnesses testify, and evidence and arguments are presented

Supreme Court

highest federal/national court; 8 justices and 1 chief justice; largely discretionary power to hear cases on appeal; limited original jurisdiction

writ of mandamus

paperwork compelling an action, court requires a specific action

Is a multi-layered courts system within the federal structure a positive for individuals? Why/why

not?

there is potentially more access in a multi-layered system

When it comes to filling judicial positions in the federal courts, do you believe race, gender,

religion, and ethnicity should matter? Why or why not?

personal opinion, open for debate

. In what ways is the court system better suited to protect the individual than are the elected

branches of the government?

courts can force a hearing for individuals where Congress or the Executive may not listen until

they believe a sufficient number of individuals are impacted/complaining

affirm

decision of the court to agree with or uphold a lower court decision

amicus curiae

literally a “friend of the court” and used for a brief filed by someone who is interested in

but not party to a case

appellate court

reviews cases already decided by a lower or trial court and that may change the lower

court’s decision

appellate jurisdiction

function of the court is to hear appeals on procedural or legal error occurring at

lower court or court of original jurisdiction

associate justice

any justice sitting on the Supreme Court of the United States that is not the Chief

Justic

bench trials

judge acts as both judge and jury based on both law and fac

brief

written legal argument presented to a court by one of the parties in a case

chief justice–

–highest-ranking justice on the Supreme Court

circuit courts

the appeals (appellate) courts of the federal court system that review decisions of the

lower (district) courts; courts of appeal

concurring opinion

written decision by a justice who agrees with the Court’s majority opinion but has

different reasons for doing so

courts of appeals

–the appellate courts of the federal court system that review decisions of the lower

(district) courts; also called circuit courts

dissenting opinion

written decision by a justice who disagrees with the majority opinion of the Court

district court–

the trial courts of the federal court system where cases are tried, evidence is presented,

and witness testimony is heard

docket–

the list of cases pending on a court’s calendar

judicial activism

–judicial philosophy in which a justice is more likely to actively intervene, overturn, or

alter actions of the other branches of government

judicial implementation

–a check on the Supreme Court; executive and legislative leverage over the

implementation and enforcement of rulings

judicial restraint–

judicial philosophy in which a justice is more likely to let stand the decisions or

actions of the other branches of government

majority opinion

written decision of the Court with which more than half the nine justices agree

oral argument

words spoken before the Supreme Court (usually by lawyers) explaining the legal

reasons behind their position in a case and why it should prevail

original jurisdiction

function of court to hear original testimony, cross-examination, viewing of

evidence, etc.

petit jury

-jury of peers deciding on the credibility of evidence presented at trial

petitioner

party unhappy with the lower court’s decision bringing the appeal or the first-named party in

the case

precedent

the principles or guidelines established by courts in earlier cases that frame the ongoing

operation of the courts, steering the direction of the entire system

remand

–decision to send a case back to the lower court for further proceedings

reverse

decision to overturn a lower court ruling/decision

Rule of Four

–Supreme Court custom in which a case will be heard when four justices decide to do so

senatorial courtesy

an unwritten custom by which the president consults the senators in the state

before nominating a candidate for a federal vacancy there, particularly for court position at the District

Court Level

solicitor general–

–lawyer who represents the federal government and argues some cases before the

Supreme Court

stare decisis

–the principle by which courts rely on past decisions and their precedents when making

decisions in new cases

Supreme Court

highest federal/national court; original and appellate jurisdiction

writ of certiorari–

order calling up the records of the lower court so a case may be reviewed; sometimes

abbreviated cert.

2. What is the essential point to remember from the decision in Miranda v. Arizona?

Every accused person should understand their basic protections of civil liberties, and they should

be asked at the earliest point if they do understand.

civil procedure

processing cases between private individuals seeking resolution of disputes

regarding non-criminal law private rights and remedies

criminal procedure–

processing cases against individuals accused of harming others; punishment for

those actions

defendant

individual accused of harming others and involved in the legal process

due process

–consistent procedure within the justice system

jury duty

citizens called to hear civil disputes or criminal cases in the court system; tasked with

determining outcome/verdict

litigant–

–each individual party to a court case; including defendant/respondent, prosecutor, plaintiff

Miranda v. Arizona–

case involving criminal procedure, accused persons must be informed of their

constitutional rights upon arrest

petit jury trial

–12 member jury of citizens, determines verdict/decision

plaintiff

–private (non-government) parties alleging harm or civil injury committed by the another

(defendant/respondent)

preponderance of evidence–

which side has the best argument and evidence

prosecution/prosecutor

Criminal procedure involves processing cases against individuals (defendant)

accused of harming others

respondent–

party to a court case (litigant) defending against a charge of civil injury

tort

civil injury

verdict

opinion or judgement of guilt or innocence sought in criminal cases

voir dire

jury selection process

nomination

officially sponsor individuals to elected office with shared political beliefs

organization

organize political campaigns to win public office for nominated individuals

policy choices

provide clear choices to voters of individuals nominated for office

coordination

coordinate among members elected to office; develop public policy following principles

caucus

a form of candidate nomination that occurs in a town-hall style format rather than a day-long

election; usually reserved for presidential elections

closed primary

an election in which only voters registered with a party may vote for that party’s

candidate

delegates

–party members who are chosen to represent a particular candidate at the party’s state- or

national-level nominating convention

party platform–

the collection of a party’s positions on issues it considers politically important

political parties

organizations made up of groups of people with similar interests that try to directly

influence public policy through their members who seek and hold public office

platform

the set of issues important to the political party and the party delegates

plurality voting

the election rule by which the candidate with the most votes wins, regardless of vote

share

proportional representation

–a party-based election rule in which the number of seats a party receives

is a function of the share of votes it receives in an election

third parties

political parties formed as an alternative to the Republican and Democratic parties, also

known as minor parties

top-two primary

a primary election in which the two candidates with the most votes, regardless of

party, become the nominees for the general election

two-party system–

a system in which two major parties win all or almost all elections

winner-take-all system

–all electoral votes for a state are given to the candidate who wins the most

votes in that state

critical election

an election that represents a sudden, clear, and long-term shift in voter allegiances

and party affiliation

maintaining election

an election in which the coalitions of population groups and geographic regions

supporting one political party remain somewhat stable

party affiliation

political party to which an individual identifies

party-in-the-electorate—

party identifiers, members of the voting public who consider themselves to be

part of a political party and consistently prefer the candidates of one party over the other

partisanship—

tendency to identify with and support a particular party

party realignment

—a shifting of party affiliation within the electorate

party organization

the formal structure of the political party and the active members responsible for

coordinating party behavior and supporting party candidates

political parties

–organizations made up of groups of people with similar interests that try to directly

influence public policy through their members who seek and hold public office

swing states

states, in a presidential election year, which neither of the two major political parties are

able to dominate; and, therefore the state winner of the electoral votes are unclear until votes are

tabulated; non-swing states are solidly leaning to one party or the other

bipartisanship–

–a process of cooperation through compromise

census

counting citizens for purposes of representation in the U. S. House and the Electoral College; data

collected every 10 years to allow for reapportionment of House seats

divided government–

condition in which one or more houses of the legislature is controlled by the

party in opposition to the executive

gerrymandering–

the manipulation of legislative districts in an attempt to favor a particular candidate

moderate

–an individual who falls in the middle of the ideological spectrum

majority party

–the legislative party with over half the seats in a legislative body, and thus significant

power to control the agenda

minority party

the legislative party with less than half the seats in a legislative body

party identifiers–

individuals who represent themselves in public as being part of a party

party-in-the-electorate–

–members of the voting public who consider themselves part of a political party

or who consistently prefer the candidates of one party over the other

party-in-government

party identifiers who have been elected to office and are responsible for fulfilling

the party’s promises