AP Gov Unit 2 - Judiciary

Why do judges have life-long terms?

to make unpopular but necessary decisions, consistent decisions separate from pressure by other branches

original jurisdiction

authority to hear a case for the first time

appellate jurisdiction

second opinion in the appeals court

treason

levying war or giving aid/comfort to the enemy, mentioned in the Const. to prevent unfair trials and allow dissent of gov’t (what Britain didn’t allow)

which act created the 3-tier federal court system

Judiciary Act of 1789

Supreme Court

outlined in Article 3, has 9 justices, takes 80-100 cases October through June, original jurisdiction in unique cases/disputes between states, takes appeals from circuit/state supreme courts

Circuit Court

made by Congress, 11 total regional courts, takes district appeals, cases judged by a panel of 3 (no jury)

District Court

original jurisdiction, made by Congress, 94 districts, about 700 total judges, hears federal criminal and federal civil matters - violating enumerated powers in Constitution (ex. tax evasion, mail fraud, counterfeiting)

plaintiff/prosecution and petitioner

party initiating action

defendant and respondent

party answering claim

U.S. attorney

represents gov’t in federal courts, work with attorney general and law enforcement agencies, one for each district (94)

class-action suit

multiple parties coming together

injunction

court order to losing party in a civil suit

U.S. Circuit Court of Appeals

rules on procedural errors, unfollowed precedents, unconstitutionality; shape law rather than determine facts

common law

body of court decisions making up part of the law (like how there are requirements that result in a common law marriage)

stare decisis

“let the decision stand” - following a precedent

binding precedent

judge must follow precedent from a higher court even if they disagree

persuasive precedent

considering decisions from the past to make a ruling

John Marshall

encouraged unanimous decisions, strengthened national supremacy, Congress commerce power, established judicial review in Marbury v. Madison

Taney Court changes

9 Supreme Court justices (to ease workload and possibly protect slavery), more circuit courts

Dred Scott v. Sandford (1857)

Scott traveled with his master to a free state and claimed freedom by living there, court ruled Scott wasn’t a citizens so he had no right to a party in federal court, a master’s right to property can’t be deprived so the Compromise of 1820 is unconst.

Warren Court

unpopular for overturning state policies and practices - ex. Brown v. Board

Engel v. Vitale

upheld 1st Amendment establishment clause, public school prayer is unconst.

Gideon v. Wainwright

all citizens must be provided a lawyer even if they can’t afford one

Tinker v. Des Moines

allowed students to participate in non-disruptive symbolic speech in schools

Burger Court

held up court and crowded it with cases by waiting for unanimous opinions

rule of four

4/9 justices must accept a case for it to be presented to the SCOTUS

Majority Opinion

issued work reflecting the court’s ruling a rationale - typically done by chief justice

Dissenting Opinion

issued work against the decision - done by senior associate of dissenting opinion

Concurring Opinion

agreeing with the majority but not the reasoning

Per Curiam Opinion

issued decision without a full explanation/reasoning

Judicial Activism/Liberal Constructionist

Constitution is a living, changing document, judges strike down or reverse public policy that is somewhat unrelated to the case - ex. Comp. of 1820 in Dred Scott case

Judicial Restraint/Conservative Constructionist

Constitution should be interpreted like it was back then, only elected officials should make laws, justices should not declare a law unconst. just because of what they believe in

senatorial courtesy

home state senators recommend judges for the president to appoint or give a positive/negative indication of the choices

borking

destroying a judicial nominee through an attack on their character, background, and philosophy that could result in a bias when approving

Justice Department

investigates and prosecutes people for federal crimes, determines which cases go to SCOTUS (solicitor general), attorney general is the head

amicus curiae brief

“friend of the court” - sending a case to SCOTUS where the U.S, is not a party but arguing for a specific outcome, presented by outside groups

Presidential influences on judicial branch

appoints judges, manages implementation and enforcement of laws from a ruling, signing statement

Legislative influences on judicial branch

defines standing (requirements to bring a case to courts), sets and pays judge salaries, regulates courtroom procedures and seats, enacts law based on ruling, approves judges, amend Constitution