ap gov judicial branch 2.8-2.11

Dual Court System

The U.S. has two separate court systems: Federal courts and State courts.

Law

A set of rules that governs behavior in society and is enforced by the government.

Common Law

Law developed through court decisions rather than statutes, based on traditions and past judicial rulings.

Doctrine of Stare Decisis

Latin for “let the decision stand.” Courts look to precedent when making current rulings.

Precedent Cases

Legal principles established in earlier judicial decisions, used as a guide in deciding similar future cases.

Constitutional Law

Law based on the U.S. Constitution or a state constitution, including interpretations by courts of constitutional provisions.

U.S. Code

The compilation of all permanent federal laws organized by subject matter.

Penal Code

A body of laws that define crimes and specify punishments.

Adversarial Judicial System

Legal system where two parties present their case to an impartial judge or jury.

Trial Courts

Courts of original jurisdiction where cases begin; evidence is presented, witnesses testify, and verdicts are issued.

Original Jurisdiction

The authority to hear a case for the first time, not on appeal.

Jury Trial

A trial where a group of citizens determines the outcome based on facts and evidence.

Bench Trial

A trial in which the judge alone hears the case and renders a verdict.

Criminal Law

The body of law that relates to crimes and punishments. The government prosecutes individuals for violating laws meant to protect society.

Beyond a Reasonable Doubt

The burden of proof in criminal cases, meaning the evidence must leave no reasonable doubt that the defendant committed the crime.

Civil Law

Involves disputes between private parties. Typically seeks compensation or specific performance, not punishment.

Courts of Appeal (Appellate Courts)

Review decisions made by trial courts. Focus is on legal errors that may have occurred during trial.

Appellate Jurisdiction

The power to review and revise decisions of lower courts.

Judicial Review

The power of the courts to declare laws and executive actions unconstitutional, established by Marbury v. Madison (1803).

Federal Question

Any case that involves the U.S. Constitution, federal laws, or treaties; falls under federal court jurisdiction.

Court of Last Resort

The final authority in the judicial system; no higher appeal is possible.

Article I Courts

Courts created by Congress under Article I of the Constitution; judges do not have life tenure.

District Courts

The lowest level of federal courts; trial courts of the federal system with original jurisdiction.

Mandatory Jurisdiction

When a court must hear a case; applies to most appellate courts.

Federal Courts of Appeals / Circuit Courts

The intermediate appellate courts in the federal system with appellate jurisdiction only.

Supreme Court

The highest court in the United States, established by Article III of the Constitution.

Discretionary Jurisdiction

The power of the Supreme Court to choose which cases it wants to hear.

Chief Justice

Head of the Supreme Court and the Judicial Branch of the U.S. government.

Associate Justice

One of the eight other justices on the Supreme Court (besides the Chief Justice).

Judicial Independence

The principle that judges must be free from outside influence to make impartial decisions based solely on the law.

Judicial Competence

A judge’s qualifications, legal expertise, ethical behavior, and decision-making ability.

Descriptive Representation

Occurs when a representative shares characteristics with the population they serve.

Substantive Representation

Focuses on whether a judge’s decisions reflect the interests of certain groups.

Symbolic Representation

Representation that provides a symbolic sense of inclusion or legitimacy.

Senatorial Courtesy

An informal tradition where the President consults a senator before nominating a district court judge.

Diversity of Citizenship

A type of case that can be heard in federal court when the parties are from different states and the amount in controversy exceeds $75,000.

Collegial Court

A court where judges work together to reach decisions.

Certiorari Petitions

Formal requests asking the Supreme Court to review a lower court’s decision.

Cert Memo

Written by law clerks to help justices decide whether to grant certiorari.

Writ of Certiorari

A formal order by the Supreme Court to a lower court to send up the record of a case.

Rule of Four

At least four justices must agree to grant a writ of certiorari.

Amicus Curiae Brief

Filed by non-parties to offer information that may influence the Court’s decision.

Bench Memos

Written by law clerks to help justices prepare for oral arguments and deliberation.

Legal Model

Judges decide cases strictly based on legal factors like the Constitution, statutes, and precedent.

Attitudinal Model

Judges make decisions based on their ideological beliefs and policy preferences.

Strategic Model

Judges make decisions based on their beliefs but also on strategic considerations.

Concurring Opinion

Written by a justice who agrees with the majority decision but for different reasons.

Dissenting Opinion

Written by a justice who disagrees with the majority.

Judicial Activism

Judges are more willing to strike down laws or reverse precedent to achieve what they believe is just.

Judicial Restraint

Judges defer to the decisions of the legislative and executive branches.

Originalism

A method of constitutional interpretation that seeks to understand the Constitution as it was intended by its framers.

Internal Constraints

Limitations that come from within the judiciary itself.

Public Accountability

The Court’s legitimacy depends on public trust and perception.

Checks and Balances (on the Judiciary)

The Constitution limits judicial power through the system of checks and balances.

The Roberts Court

The U.S. Supreme Court under Chief Justice John Roberts (since 2005).