The Judiciary

What is the job of judges?

To interpret laws

Why do judges have to interpret law?

Because laws are often ambiguous or vauge

What is the dual court system?

Each state has a judicial system responsible for its own legal disputes over state law, while the federal judicial deals with national laws and between states

What is judicial legitimacy?

The belief that the courts have the authority to make a decision even if others don’t agree with it

Why is judicial legitimacy important?

If people don’t see the courts as legitimate, its power lessens

What is the rule of law?

Belief that policies should be applied consistently and legitimately, not by someone elses will

What is law?

A body of rules established by gov officials that bind govs, individuals, and NGOs

What is stare decisis

Common law doctrine that points judges to find previous cases with similar facts and apply to a current case the rule of law that was used in the earlier case

What is criminal law?

The body of law dealing with conduct harmful to society

What standard of proof is needed to convict someone of a crime?

Beyond a reasonable doubt

What is plea bargaining?

When a prosecutor under the supervision of a judge, offers a lesser sentence for a criminals admission of guilt

What is civil law?

The body of law that deals with disputes between people, corporations, and govs

What is a tort?

Situation when a persons body or property is harmed by someone else’s actions

What is the standard of proof needed to win a civil lawsuit?

Preponderance of evidence, the respondent is more likely than not to have caused harm

What is the adversarial judicial system?

Two parties in a legal dispute present its own case and the court must decide who wins

What are trial courts?

Court with original jurisdiction in a legal dispute

What is the difference between a jury trial and a bench trial?

Jury trials consist of citizens that decide guilt or liability, bench trials the judge decides guilt or liability

What are courts of appeal?

Courts that review cases to correct errors in interpretation or application of law

What is judicial review?

Court authority to determine if an action taken by any gov official or body violates the constitution

What is the court of last resort?

The supreme court

What are district courts?

Federal trial courts with mandatory jurisdiction

If you lose in a district court, what do you have the right to do?

Appeal the case to a federal court of appeals

What are federal courts of appeal also called?

Circuit Courts

What is the supreme courts discretionary jurisdiction?

Justices choose the cases they will hear

Who is the chief justice?

The judge that provides organizational and intellectual leadership on the court

Why is judicial independence important?

So judges can make impartial decisions

What are the 3 criteria does a president look for when choosing a federal judge?

Judicial competence, representation of demographic groups, political ideology

Who is in charge of confirming judges?

The Senate

What are certiorari petitions?

A petition submitted to the supreme court

What is the writ of certiorari?

A higher courts order to a lower court to give the records of a past case

What is the rule of 4

The justices will hear a case if 4 or more justices want to

What is an amicus curiae brief?

A brief filed by someone who is not a party in the case to influence the supreme courts decision

What is majority opinion?

A majority of the justices chose one side

What is concurring opinion?

Agree with majority but disagreed with some of the legal reasoning of the majority

What are dissenting opinions?

Disagree with the legal reasoning and the underlying decision in the case

What is judicial activism?

An approach to judicial review where the courts are more willing to make decisions on constitutional issues and invalidate legislative and executive actions

What is judicial restraint?

An approach to judicial review where judges don’t get too involved with legal decisions especially constitutional ones unless absolutely necessary

What is originalism?

Judicial principle that the Constitution means no more or less than what it meant to those who wrote it