The Federal Judiciary

Common Law System

A legal system characterized by the role judges play in interpreting the law based on precedents established by prior cases which guide current decisions.

Marbury v. Madison

This case established the Supreme Court's power of Judicial Review

U.S. Courts of Appeal (Circuit Courts)

These are intermediate federal courts of appeal.

The losing party in a federal district court case can appeal the decision to a court of appeals.

They have no original jurisdiction, only appellate jurisdiction

There is no new trial or evidence or witness testimony; the facts of the case are taken as given.

Decisions are made by 3-judge panels who look for errors of law/

Their decisions set precedent for all courts and agencies (both federal and state) within their circuit.

Number of US Supreme Court Justices

9

Writ of Mandamus

Court order directing an official to perform an official duty.

Writ of Certiorari

An order by a higher court directing a lower court to send up a case for review

Amicus Curiae Brief

A friend of the court brief filed by an interest group or interested party to influence a Supreme Court decision.

Rule of Four

At least four justices of the Supreme Court must vote to consider a case before it can be heard

Stare Decisis

A Latin phrase meaning "let the decision stand," meaning judges normally defer to, or uphold, precedents. Most cases reaching appellate courts are settled on this principle.

Concurring Opinion

a statement written by a justice who votes with the majority, but for different reasons.

Dissenting Opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion on why it is wrong.

Judicial Review

The power of the courts to declare laws unconstitutional

Original Jurisdiction

the power of a court to hear a case first, before any other court

Appellate Jurisdiction

The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved.

John Marshall

American jurist and politician who served as the chief justice of the U.S. Supreme Court (1801-1835) and helped establish the practice of judicial review.

Judiciary Act of 1789

In 1789 Congress passed this Act which created the federal-court system, specifically the lower courts below the Supreme Court. The Supreme Court struck down a part of the law which expanded the Court's original jurisdiction with its decision in Marbury v. Madison.

U.S. District Courts

Courts within the lowest tier of the three-tiered federal court system; trial courts of original jurisdiction where litigation begins, hearing both civil and criminal cases.

Per Curiam Opinion

a brief unsigned statement of a Supreme Court decision. These types of opinion resolve the immediate case, but offer no explanation nor establish any precedent or guidance for lower courts.