Ch 6 The Judiciary

appellate jurisdiction

the right to review decisions from lower courts and change the decision if necessary.

Attorney General

The head of the U.S. Department of Justice, responsible for overseeing federal prosecutions and representing the United States in legal matters. Assited by the FBI and other federal law enforcement agencies. 80,000 cases a year.

certiorari

An appeal-based concept where violation of established law, procedures, or precedent that leds to an incorrect verdict.

Federalist No. 78

A Federalist paper written by Alexander Hamilton that argues for the independence of the judiciary and its role in interpreting the Constitution.

judicial review

to examine the acts of legislatures to see if they are constitutional. It allows courts to invalidate laws that contradict the Constitution.

Marbury v. Madison (1803)

A landmark Supreme Court case that established the principle of judicial review, affirming the power of courts to declare laws unconstitutional.

original jurisdiction

The authority of a court to hear a case for the first time, as opposed to appellate jurisdiction. This includes cases that involve ambassadors, public ministers, and where a state is a party.

U.S. District Courts

The general trial courts of the United States federal court system, where most federal cases begin. They have original jurisdiction over civil and criminal cases.

U.S. Circuit Courts of Appeals

Intermediate appellate courts in the federal system that review decisions from U.S. District Courts and some federal administrative agencies. They do not conduct trials but instead evaluate legal arguments and the application of law.

U.S. Supreme Court

The highest court in the United States, with ultimate appellate jurisdiction over all federal and state court cases involving issues of federal law. It also has original jurisdiction in cases involving ambassadors and disputes between states.

binding precedent

The lower courts must always follow the higher courts ruling. If U.S. district court receives a case that is similar to an already decided case, then the district court must make it the same ruling.

persuasive precedent

Judges can consider past decisions made in other district courts as a guide.

precedent

A ruling that firmly establishes a legal principle

Roberts, John

Chief justice that has guided the courts with judicial minimalism

concurring opinion

A justice that agrees with the majority and can join a vote but have reservations about the majority legal reasoning and they will write…

dissenting opinion

Those who are against the majority often write..

liberal constructionist

interprets the constitution as a living document and takes into account the changes and social conditions since ratification.

majority opinion

reflecting the court’s ruling having expertise on the topic or are obviously passionate about the issue

petition for certiorari

a brief arguing why the lower court erred. The supreme court reviews this to determine if the claim is worthy and if it should grant the appeal.

rule of four

A standard less than a majority reflects courts commitment to claim by minorities. Permits four of the nine justices to grant a writ of certiorari

strict constructionist

interprets the constitution in its original context

judicial activism

When judges strike down laws or reverses public policy

judicial restraint

limiting judicial review and deferring to elected branches

“nuclear option”

parliamentary procedure in the United States Senate that allows the Senate to override a standing rule by a simple majority.

senatorial courtesy

a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee's state, especially from the senior senator of the president's party from that state.

Standing

Article III also empowers congress to define that types of parties that can go to the various courts. Congress can’t make courts but can endow them with concurrent power to hear a certain case concerning federal law.