Judicial Branch

Plantiff

brings the charge; the person filing the suit (prosecuting attorney)

Defendant

has charge brought against them (defense attorney)

Litigants

Those involved in the case (plaintiff and defendant)‏

Standing

must have a serious interest in case – must involve them specifically (can’t sue on another's behalf)

Criminal Cases

A defendant is tried for committing some action that Congress has declared by law to be a crime

Civil Cases

involves a noncriminal matter - a dispute over a contract, a divorce settlement, infringement of rights

Constitutional Law

Law created by the Constitution

Statutory Law

law created by a Congress

Case Law

law created by the courts

Jurisdiction

the authority of a court to hear and decide a case; original or appellate

Judiciary Act 1789

Congress creates federal courts of appeal and federal district courts

Judicial Review

The ability of the court to determine the constitutionality of an act of the legislative or executive branch

Original Jurisdiction

A court in which a case is first heard

Appellate

A court that hears a case on appeal from a lower court (reconsiders the case as it relates to the law)

Exclusive

cases that can be heard only in the federal courts

cases involving a foreign official; cases involving any matter that arises out of an act of congress

Concurrent

cases that can be heard in federal or state courts

disputes involving 2 people of different states

Constitution Supreme Court

Salaries can not be increased or diminished while in office

Will serve for life as long as “good behavior” is maintained

Appointed by the President and confirmed by the Senate

Marbury v Madison

Established the principle of judicial review.

Supreme Court

1 court

9 members; all preside over cases

Both original and appellate jurisdiction

Most heard on appeal

Original jurisdiction cases: Set by Constitution, Congress can not enlarge on the SC original jurisdiction

1. those in which a state is a party

2. those affecting foreign ambassadors, consuls, etc.

Appellate jurisdiction functions:

to resolve a conflict in the interpretation of a federal law or a provision of the federal Constitution

to resolve an important question of federal law

to expressly review a decision of a lower court that conflicts directly with a previous decision of the Court

Federal Courts of Appeal

12 courts

Several members; they rotate cases; 3 judges preside over each case

Only have appellate jurisdiction

Mainly established to serve a “gatekeeper” function so that the SC doesn’t have to hear ALL appeals coming from the District Courts

U.S is divided into 12 circuits – each circuit has a Federal Court of Appeals

Do not decide guilt or innocence; only looking for errors in law from the lower court trial

Federal District Courts

91 courts

Many members; they rotate cases; only 1 presides over each case

Original jurisdiction only

Hear both criminal (bank robbery, mail fraud, counterfeiting, tax evasion) and civil cases (patent infringement)

Only courts in the federal system with an actual trial that decides guilt or innocence

Only courts in the federal system that regularly use juries (both grand and regular, or petit)

Most decision are final – few actually reach the appellate level

Justices are appointed and confirmed and serve for life

Rule of 4

Four justices must want to hear and schedule the case.

Writ of Certiorari

It is a formal request that the case be sent up from the lower court

Amicus Curiae

Have already received and discussed written briefs from other interested parties.

Oral Arguments

Heard in two week cycles – two weeks on, two weeks off; only hear about 2 a day, if that

Lawyers get 30 minutes to present.

Majority Writing

The Chief Justice writes or assigns the writing (most important); if the CJ is not in the majority, then the most senior justice makes this decision

Dissenting Opinion

Opposing party disagreeing opinion

Concurring Opinion

Opinions that come to same conclusion as majority but for different legal reasons.

Stare Decisis

Let the decision stand. Decisions are made based on precedent.

Per Curium

On occasion, the Court will issue a decision without explanation.

Senatorial Courtesy

When a senator(s) of the president’s party from the state where the district court opening is located, or in which a circuit court nominee currently resides, can stop the conformation.

Senatorial Judiciary Committee

Run hearings for candidates. The Committee questions the appointees:

Background/experience

Judicial philosophy

Political philosophy is not considered appropriate to question and not considered an appropriate reason to vote AGAINST a candidate (although this always happens…)

Chief Justice Vacancy

the President can choose to pull a Justice UP from the existing court or appoint a totally new CJ

Judicial Restraint

Strict Constructionist/Originalist: follows the intent of the framers – if the framers did not address an issue, then the courts should not address it – it should be left to Congress or the states. As for statutory law – it is the courts job to interpret the law, not make a new law

Judicial Activism

the Constitution should be interpreted broadly to allow contemporary trends – there are multiple meanings to the Constitution and statutory law, depending on the situation – law is relative

Profile of the Court

over the age of 50

White

upper-middle class

Protestant

male

Marshall Court

McCulloch v. Maryland - national supremacy

Marbury v. Madison - judicial review

Gibbons v. Ogden - extent of commerce clause

Fuller Court

Plessy v. Ferguson - segregation

Munn v. Illinois - weakened the Sherman Anti-Trust Act

Lochner v. New York - overturned a state law that set maximum hours

Hughes Court

the almost packed court

NLRB v. Jones Steel Corps – upheld the Wagner Act – protected unions – expanded commerce power of Congress

Stone Court

Korematsu v. U.S - race discrimination

Warren Court

Brown v. Board of Education – segregation, 14th Amendment

Engle v. Vitale – prayer in schools, 1st Amendment

Gideon v. Wainwright – right to legal counsel, 6th Amendment

Mapp v. Ohio – search and seizure, 4th Amendment

Miranda v. Arizona – self incrimination, 5th Amendment

NY Times v. Sullivan – libel with intent, 1st Amendment

Griswold v. Connecticut – privacy, 4th Amendment

Burger Court

Roe v. Wade - abortion

Nixon v. U.S – presidential privilege

Univ. of CA v. Bakke – affirmative action

Rehnquist Court

Planned Parenthood v. Casey -abortion

Texas v. Johnson – symbolic speech

Grutter v. Bollinger – affirmative action

Gratz v. Bollinger – affirmative action

Roberts Court

D.C v. Heller – 2nd Amendment

Gonzalez v. Carhart – abortion procedures

Boumediene v. Bush – foreign terrorists at Guantanamo Bay

Parents Involved v. Seattle School Districts – affirmative action in public secondary education

Obergefell v. Hodges – Same sex marriage

Federalist 78

Alexander Hamilton argues for the importance of an independent judiciary with lifetime appointments to ensure it can act as a check on the powers of the legislative branch. He asserts that the judiciary is the "least dangerous" branch because it has "no influence over either the sword or the purse" and relies on judgment rather than force or will.

How is the SCOTUS insulated from public opinion?

The public has no say in the appointment of the Justices of the Supreme Court so they don't necessarily have to worry about the public opinion.

Lifetime appointment saves them from the need of reelection- not influenced by the public.

Restrictions on the Supreme Court

Implications on future appointments and confirmations

Congress can modify or write new legislation

Constitutional amendments

Potential impeachment

President or States fail to enforce the Supreme Court’s decision

Legislation impacting the Courts jurisdiction or number of justices on the Court