GOV Judiciary Branch

original jurisdiction

first courts to hear a case (trial courts)

appellate jurisdiction

correcting errors made by judges when thy interpret and apply law to a specific case (courts of appeal)

judicial review

court authority to determine that a action takes by government officials violates the US Constitution

dual court system

existence of 50 independent functioning state judicial systems [resolving legal disputes over state law] and 1 national judicial system [resolving legal disputes over federal law]

law

a body of rules established by government officials that bind the government, individuals, and non governmental organizations

goal of law

to create a peaceful, stable society and processes by which conflicts about the rules and expected behaviors can be resolved

stare decisis

directs judges to identify precedent cases with similar facts and ho that decision played out

Zivotofsky v. Kerry (2015)

Congress can’t order the Department of State to say a child’s place of birth is Jerusalem if they were born in Israel because Israeli national borders with regard to Jerusalem are in dispute

National Federation of Independent Business v. Sebelius (2022)

National government can’t mandate state government to extend Medicare coverage as a requirement of the Affordable Care Act (2010)

Obergefell v. Hodges 2015)

US Constitution guarantees a right to same-sex marriage

criminal law

dealing with conduct so harmful to society that it is prohibited by statute with prosecution and punishment by the government

civil law

dealing with disputes between individuals, corporations, and the government over harms caused by a party’s action or inaction

tiers of Article III courts

1. US District Courts (federal court with original jurisdiction over a case)

2. US Court of Appeals (appellate jurisdiction)

3. SCOTUS (appellate and rare original jurisdiction )

Article III courts

courts created by Congress under Constitutional authority provided in Article 1 that help administer and resolve conflicts over specific federal legislation

• US Bankruptcy Courts

US District Courts

94 of them

• original mandatory jurisdiction

  • hear every case filed within the court

US Courts of Appeals

13 of them

• mandatory appellate jurisdiction

• issue based jurisdiction

  • specific case types [patents, international treaties]

discretionary jurisdiction

justices choose the cases they will hear from all cases appealed to SCOTUS

court of last resort

when cases concern federal questions (SCOTUS)

when does SCOTUS exercise original jurisdiction?

only in cases involving suits between two or more states

How did the framers of the Constitution take to try to ensure judicial independence?

• lifetime appointments (retire, die, or Congress removes a justice for “bad behavior”)

• salaries can’t be cut by a president/congress unhappy with a justice’s decision

senatorial courtesy

agreement among senators not to vote for any presidential nominee who is opposed by senators from the nominee’s home state

writ of certiorari

order for a lower court to make available records of a past case for higher courts can review it

rule of four

SCOTUS justices will hear a case if four or more want to hear it

process for SCOTUS to choose to select a case

1. justices meet to discuss cases on the discuss list

2. vote to issue a writ of certiorari

3. determine if case should be heard using the rule of four

curiae brief

“friend of the court” → written to influence the court’s decision on a specific case

5 steps once a case has been selected to be argued before SCOTUS

1. briefs submitted by both sides

2. oral arguments presented on both sides

3. justices’ conference: cases discussed, non-binding votes taken, opinion writing assigned

4. justices’ opinions drafted and circulated for comment

5. court’s final decision announced

legal model

legal norms and principles guiding judicial decision making

attitudinal model

judges allow their policy and ideological preferences to guide judicial decision making

strategic model

primary guide: individual policy preferences but these preferences are tempered by their consideration of institutional factors

dissenting opinion

opinion disagreeing with majority vote with legal interpretations and conclusions

concurring opinion

opinion agreeing with majority vote but disagreeing with at least some of the legal interpretations/conclusions reached by the majority

judicial policymaking

judicial review makes the courts a majority policymaker (what government actions are constitutional)

judicial activism

court’s willingness to strike down laws made by elected officials as well as to step away from past precedents

judicial restraint

judges defer to a democratic elected branch unless their actions clearly violate the Constitution