Ch. 13 Federal Courts

What are the three main levels of the federal court system?

District courts, circuit courts of appeals, and the Supreme Court.

What type of jurisdiction do district courts primarily have?

Original jurisdiction.

What is appellate jurisdiction?

The authority to review decisions made by lower courts.

Which Supreme Court case established judicial review?

Marbury v. Madison (1803).

What does the doctrine of stare decisis mean?

Courts should follow precedent to ensure legal consistency.

What is the standard of proof in a civil case?

Preponderance of the evidence.

What is the standard of proof in a criminal case?

Beyond a reasonable doubt.

What is the cert pool in the Supreme Court?

A group of clerks who summarize petitions for justices' review.

What is the Rule of Four?

At least four justices must agree to grant certiorari.

Name one justiciability requirement.

Standing, mootness, or political question doctrine.

What is mootness?

A case must present an active controversy to be heard.

What does the political question doctrine do?

It prevents courts from deciding issues more appropriate for other branches.

What role does the Chief Justice have in opinion assignment?

Assigns majority opinions if in the majority.

What is a dissenting opinion?

An opinion disagreeing with the majority decision.

What is originalism in judicial philosophy?

Interpreting the Constitution based on its original meaning or intent.

What is the living Constitution theory?

The view that constitutional meaning evolves over time.

What does judicial activism mean?

Willingness to overturn precedent or broadly interpret law.

What is judicial restraint?

Preference for following precedent and limiting judicial policymaking.

What is the emergency (shadow) docket?

Expedited rulings issued without full briefing or oral arguments.

What is senatorial courtesy?

Tradition allowing senators to influence judicial nominations in their states.

What is the nuclear option in the Senate?

Changing rules to eliminate filibusters for judicial nominees.

What is alternative dispute resolution?

Methods like settlement, mediation, and arbitration to avoid trials.

What does it mean that federal judges have lifetime appointments?

They serve during good behavior, promoting judicial independence.

Which appellate court is most influential below the Supreme Court?

The D.C. Circuit Court of Appeals.

What is the difference between original jurisdiction and appellate jurisdiction?

Original jurisdiction means hearing a case first; appellate jurisdiction means reviewing lower court decisions.

What is standing?

The requirement that a party must have a personal stake in the outcome to bring a lawsuit.

What is the significance of Brown v. Board of Education?

It declared racial segregation in public schools unconstitutional.

How does the Court typically decide which cases to hear?

By granting writs of certiorari under the Rule of Four.

What is a concurring opinion?

An opinion that agrees with the majority outcome but for different reasons.

What is the main function of the Supreme Court’s private conferences?

Justices discuss cases and vote in order of seniority.

How has the use of oral arguments changed since COVID?

Traditional time limits have often been ignored or relaxed.

Why is judicial independence important?

It protects judges from political pressure and ensures impartial decisions.

What is the main criticism regarding lifetime appointments?

Lack of democratic accountability and long tenures affecting evolving societal values.

What is a per curiam opinion?

An unsigned, brief decision of the Court.

What is the purpose of amicus curiae briefs?

To provide additional perspectives and information to the Court from interested parties.

What is the role of the Solicitor General in Supreme Court cases?

Represents the federal government and often influences which cases the Court hears.

What effect has political polarization had on Supreme Court confirmations?

It has made confirmations more contentious and partisan.

What is the impact of the Senate’s nuclear option?

It lowered the threshold for confirming judges, increasing ideological appointments.

How does public opinion affect the Supreme Court?

The Court sometimes tracks public opinion to maintain legitimacy.

What is the significance of the D.C. Circuit Court in judicial appointments?

It handles many federal regulatory cases and supplies many future Supreme Court justices.