AP GOV - Unit 2: Judicial Branch

Plaintiff

Person who brings or begins the legal action(civil cases)

Defendant

Individual, organization or company defending themselves against the charge brought by the plaintiff(civil cases)

Do U.S. District Courts have original or appellate jurisdiction?

Original

Do U.S. Appeals Courts have appellate or original jurisdiction?

Appellate

Does the Supreme Court have original or appellate jurisdiction?

Both. Mainly appellate but original depending on the case(Constitution, Article 3).

How many U.S. district courts are there?

94

How many U.S. Appeals courts are there?

13

Original Jurisdiction

The right to hear a case for the first time

Appellate Jurisdiction

Right to appeal the hearing on a case that has already been decided by a lower court

Where were the U.S. District and Appeals courts first mentioned(document)?

Judiciary Act of 1789

Where is the Supreme Court first mentioned(document)?

Article 3 of the Constitution

Class Action Suit

Lawsuit where one of the parties is a group of people represented by a single member or entity.

Precedent

Decision handed down from a case that stands as a binding decision for similar cases in the future. Hard to overturn.

Which required case cemented the power of judicial review?

Marbury v Madison

Stare Decisis

Principal to which the court holds. Reason that precedents are so hard to overturn directly translating to “let the decision stand”

Amicus Curiae

Brief to the court given by an outside party in support of one of the parties involved in a case

What did the NAACP give in Brown v Board that helped turn the ruling in favor of Brown?

Amicus Curiae brief

Judicial Activism

Belief that some judges hold that the Court acts to establish policy and considers more than just the Constitutionality of a decision, rather its broader effects on society(ex. Brown v Board)

• Can be liberal or conservative!

Judicial Restraint

Belief some judges hold that a law should only be struck down if it violates the written word of the Constitution.

• Argue that Judicial Activism causes judicial decisions to be weakened(overuse).

Appointment of judges is a check from the executive or legislative?

Executive

Approval of judge appointments and legislation is a check from the executive or legislative?

Legislative

Public Defender

Public defense provided for and trained by the state to defendants who often cannot afford to hire defense(sixth amendment, Gideon v Wainwright).

What is the plaintiff called in criminal cases?

Prosecution(usually the state)

• Argues that the accused person(s) is guilty.

Solicitor General

Legal officer responsible for representing national or subnational governments in court.

Civil cases

Cases where one party may have harmed(not seriously) or failed to pay obligations/dues to the other party.

Criminal cases

Cases involving one party taking away the fundamental rights of another party(often more serious)

Majority Opinion

Final ruling of a case, or opinion that the majority of justices hold. Serves precedent.

Dissenting Opinion

Opinion that goes against the majority opinion. Often comes with a written statement explaining the reasoning.

Concurring Opinion

Opinion agreeing with the majority opinion put perhaps with different/additional context or reasoning. Comes with a written explanation. Does not serve as precedent.

According to the Constitution, what kinds of cases does the supreme court have original jurisdiction over?

Involving disputes with states or foreign ambassadors(and other high ranking ministers) as parties(Related to why they couldn’t issue a court order for Marbury v Madison).

How long is a term for Supreme Court justices?

Life long(what protects the Judicial branch from other branches according to Federalist 78)

What is the first step when the Supreme Court decides to hear a case?

Briefs come in from both sides laying out the arguments

What is the second step when the Supreme Court decides to hear a case?

Case is scheduled for oral argument before justices(questioning of both sides from justices)

What is the third and final step when the Supreme Court decides to hear a case(finalizing the ruling)?

Justices vote in secret at a judicial conference.

• If chief justice is in the majority, he/she chooses majority opinion author. If not it is the most senior member in the majority.