U2 AP USGAP

Judicial Review

The power of courts to strike down laws, executive actions, and state policies that violate the U.S. Constitution. Established by Marbury v. Madison (1803).

Marbury v. Madison

The landmark case that established the principle of judicial review in 1803.

Judiciary Act of 1789

The act that allowed Marbury to bring his case directly to the Supreme Court, which was later declared unconstitutional.

Supreme Court

The highest court in the U.S. with both original and appellate jurisdiction, having discretion over which cases it hears.

Dual Court System

The structure of the U.S. court system that includes separate state and federal court systems, each with its own hierarchy.

Federal Courts

Courts that handle cases involving federal laws, treaties, and constitutional issues.

State Courts

Courts that handle cases involving state laws, such as murder, contracts, and divorce.

District Courts

94 federal district courts across the U.S. that have original jurisdiction and handle criminal and civil cases involving federal law.

Courts of Appeals

13 Circuit Courts of Appeals that review lower court decisions but do not hold trials.

Appellate Jurisdiction

The authority of a court to review the decisions of lower courts.

Trial Courts

Local or county courts that handle criminal and civil cases at the state level.

Intermediate Appellate Courts

Courts that hear appeals from trial courts in the state court system.

State Supreme Court

The highest court in the state that can rule on state constitutional issues.

Certiorari

The process by which the Supreme Court decides which cases to hear.

Appeal from a U.S. Court of Appeals

The most common path for cases to reach the Supreme Court.

Appeal from a state supreme court

A way for cases to reach the Supreme Court, but only if it involves federal law or the U.S. Constitution.

Key Outcome of Marbury v. Madison

The Supreme Court declared for the first time that a law was unconstitutional, establishing its role as the final interpreter of the Constitution.

Significance of Judicial Review

Strengthened the judiciary's power as an equal branch of government and used in later cases to strike down federal and state laws.

Example of Federal District Court Case

A case involving bank robbery or drug trafficking would be tried in federal district court.

Example of Circuit Court Appeal

If a defendant loses in district court, they can appeal to the Circuit Court.

Federal Issue Appeal

A case can be appealed to the U.S. Supreme Court if it involves a federal issue.

Original jurisdiction cases

Rare cases that include disputes between states or cases involving foreign ambassadors.

Writ of Certiorari

The process by which the Supreme Court agrees to hear a case.

Rule of Four

At least four justices must vote to grant certiorari.

Significant constitutional issue

A case is more likely to be heard if it involves a significant constitutional issue.

Conflict among lower courts

A case is more likely to be heard if it resolves a conflict among lower courts.

Major national importance

A case is more likely to be heard if it has major national importance, such as Bush v. Gore (2000).

Briefs Submission

Each party submits written arguments explaining their legal position.

Amicus Curiae Briefs

Briefs submitted by outside groups to influence the ruling.

Oral Arguments

Lawyers for each side present their case before the nine justices, each side gets 30 minutes to argue.

Conference and Discussion

Justices meet in private conferences to discuss and vote on cases.

Majority Opinion

The official decision of the Court that sets legal precedent.

Concurring Opinion

An opinion that agrees with the ruling but for different legal reasons.

Dissenting Opinion

An opinion written by justices who disagree with the ruling.

Precedent (Stare Decisis)

Courts follow past decisions unless there's a strong reason to overturn them.

Judicial Activism

The philosophy that courts should interpret the Constitution broadly and intervene when necessary.

Roe v. Wade (1973)

A case that legalized abortion based on implied privacy rights.

Judicial Restraint

The philosophy that courts should defer to Congress and state legislatures.

Plessy v. Ferguson (1896)

A case that upheld segregation, deferring to state laws.

Public Opinion & Political Pressure

Factors that may influence justices despite their life tenure.

Brown v. Board of Education (1954)

A case that overturned segregation due to civil rights movement pressure.

Judicial Review

The power of the Court to overrule Congress, the President, and state governments.

United States v. Nixon (1974)

A case that forced Nixon to release Watergate tapes.

Judicial Independence

The principle that justices serve for life, protecting them from political pressure.

Limits on the Supreme Court

Congress can pass new laws to override decisions and amendments can overturn rulings.