Judiciary, Civil Rights, Civil Liberties

Marbury v. Madison

Judicial review,

Judicial restraint 

• idea that courts should avoid making sweeping changes to laws

• encourages judges to limit their own power and uphold laws and precedents established by the legislative and executive branches.

judicial activism

Judges take an active role in interpreting the law and making decisions that can create new legal precedents or change existing ones

Strict construction

• Rules as they are stated

• The intent when they were written is the intent now

• an example of Judicial restraint

loose construction

• an Activist approach

• Adjust to our times, general principles of the constitution

• an example of judicial activism

Dual-court system

federal and state courts

Federalist #78

Judiciary is the “least dangerous branch to polticial right”

Federal court system

deals with national laws and interstate cases,

• district courts,

• US courts of appeal,

• SCOTUS,

• legislative courts

US courts of appeal,

• The intermediate federal courts that sit between the district courts and the Supreme Court

• Their decision can be appealed to the Supreme Court

• There are 12

legislative courts

Set up by Congress with judges who have fixed terms subject to removal and salary reduction

Concurrent jurisdiction

Certain cases can be heard in either state or federal courts, allowing plaintiffs to choose the court system they believe will be most favorable to their case

Court of original jurisdiction/change of venue

• The authority of a court to hear a case for the first time, as opposed to appellate jurisdiction, where a higher court reviews a lower court's decision.

• allows the Supreme Court to act as a trial court in certain cases, directly hearing evidence and making determinations.

Amicus curiae briefs

• Friend of the court

• Brief for the court

Stare decisis

The legal principle is that courts should follow precedents set by earlier, similar cases to maintain consistency and predictability in the law.

Writ of certiorari & the rule of four

• an order issued by a higher court to review the decisions of a lower court

• allows the Supreme Court to selectively choose which cases it wants to hear,

• if four justices agree to grant certiorari, the case will be heard.

Concurring opinion

Written by Justice who agrees with the decision reached by the majority of the court but for different reasons

Per curiam opinion

a unanimous agreement.

Class action lawsuits

Others benefit from 1 ruling

Litigation

The process of resolving disputes or legal conflicts through the courts.

The Solicitor General

represents the federal government in cases before the Supreme Court.

sovereign immunity

legal principle that shields the government from being sued in its own courts unless it consents to be sued. 

Advice and consent

the constitutional principle that requires the Senate to approve certain presidential appointments and treaties, thereby providing a check on executive power.

1st Amendment/doctrine of preferred position

grants significant protection to freedom of speech, religion, press, assembly, and petition

Schenck v. US

creates clear and present danger test

clear and present danger test

• test for determining when speech is not protected under the First Amendment

Rational basis,

A law is constitutional if there is a rational or reasonable relationship between the purpose of the law and a legitimate government objective

strict scrutiny

The highest standard of judicial review used by courts to evaluate the constitutionality of governmental actions or laws that potentially infringe on fundamental rights or involve suspect classifications.

suspect classifications

distinctions based on race,national orgin, relation, sex, whihc are assumed to be illegitmate

Heightened scrutiny test

used by courts to evaluate the constitutionality of laws or government actions that classify individuals based on certain characteristics, such as gender or legitimacy.

Brown v. Board of Education, equal protection

School segregation is a violation of the equal protection clause of the 14th Amendment

Mapp. V Ohio

exclusionary rule- Evidence seized without a warrant is a violation of the 4th amendment and can not be used in court

8th amendment

“No cruel and unusual punishment”

Litmus test

Test for ideological purity for judges that influence appointments

Federal district courts

94

selective incorporation

Peicmeall application of the bill of rights to the states (how to interpret parts of court cases/amendments)

McDonald v. Chicago

the Second Amendment right to keep and bear arms is applicable to state and local governments through the Fourteenth Amendment's Due Process Clause.

Tinker v. Des Moines,

• that students do not lose their First Amendment rights at school

• symbolic speech is protected under the first amendment

Title IX

Federal law prohibits sex-based discrimination in any educational program or activity receiving federal funding.

NY Times v. US

• The government cannot prevent the publication of information, even if it claims it threatens national security, without a compelling reason. 

• NO PRIOR RESTRAINT

Gideon v. Wainwright,

States must provide legal representation to defendants who cannot afford an attorney

Wisconsin v. Yoder

A state cannot force individuals to undergo an education that conflicts with their sincerely held religious beliefs.

Engel v. Vitale

school prayer violates the Establishment Clause of the First Amendment.