unit 2, judiciary

appellate jurisdiction

authority of a court to review and revise the decision of a lower court

-circuit courts of appeal

stare deisis

-“let the decision stand.”

courts should follow precedents (past decisions) when deciding similar future cases

OG jurisdiction

authority of a court to hear a case first, before any other court

-us district courts

-supreme courts have limited og jurisdiction

types of judicial opinions

1. majority 

2. dissenting-minority 

3. concurring- an opinion that agrees with the majority opinion but does not agree with the rationale behind it

dual court system

-states laws = state courts

-federal laws = federal courts

three-level system courts

1. 94 districts of trial courts

2. 11 Circuit Courts of Appeal

3. 1 SCOTUS

writ of certiorari

orders a lower court to deliver its record in a case so that the higher court may review it

-How SCOTUS decides to hear a case: 4/9 Justices must vote to accept a case

congress influence courts

1. budget/salaries 

2. remove appellate jurisdiction 

3. control number of justices on Court

4. approval of nominations

5. revise statue 

6. amendments and documents

judicial nominations

1. party affiliation

2. acceptability to Senate

3. judicial experience

4. Senatorial courtesy / Blue slip: President consults the senior senator from the President’s party in a state before nominating a federal judge for that state.

judicial activism

interpret the Constitution broadly and are willing to overturn laws or past precedents to promote justice or social change, correct injustice

-liberal, moral,

judicial restraint

judges should limit their own power, avoid overturning laws, and generally defer to elected branches (Congress, President) unless a law clearly violates the Constitution

• stare decisis

judicial review

checks and balances legislative and executive to prevent abuse of power

-interprets constitution to protect rights