Unit 4D The Judicial Branch (SCOTUS and the Federal Courts)

jurisdiction

the authority of the courts to hear certain cases

appellate jurisdiction

courts that hear reviews or appeals of decisions from the lower courts have this

Federal District Court

94 courts (every state, including Puerto Rico and DC, have at least 1)

700 judges

original jurisdiction, any type of federal civil or criminal cases

created by Judiciary Act of 1789

US Court of Appeals

13 circuit courts

200 judges

appellate ONLY

created in 1891

Supreme Court

only required court by Constitution

1 court

9 judges-set in 1869

mostly appellate jurisdiction; rarely original jurisdiction

constitutional courts

the federal courts created by Congress under Article III of Constitution

legislative courts

created by Congress

include territorial courts, the U.S. Tax Court, and the U.S. Court of Appeals for the Armed Forces

Appointment of SCOTUS

appointed by President

confirmed by Senate

Qualifications of SCOTUS

None

term of office for SCOTUS

life when they have "good behavior"

can retire

removal of SCOTUS

impeachment and conviction

death

resignation

SCOTUS-accepting cases

thousands are appealed each year; they pick a couple hundred they want to hear

Why are most cases denied by SCOTUS?

justices think lower court's decision was right

legal brief

a detailed statement of the facts of a case supporting their position; written by each side before case

majority opinion

-"the opinion of the Court"

-written by the majority to explain the Court's decision and its reason

-if Chief Justice votes w/ majority, Chief selects who writes opinion (or writes it himself)

Precedents

standards or guides to be followed in deciding similar cases in the future

judicial restraint

asserts that judicial review should be constrained to decisions that adhere to current Constitutional and case precedent; court avoids making policy; wants to leave policy up to other two branches

Judicial Review

A process by which the courts interpret the Constitution. When the courts interpret the Constitution, it allows us to understand how our founding fathers set out to run our country.

Original Jurisdiction of the Supreme Court

Cases involving Ambassadors, ministers and consuls, States as a party, Significant federal question

Criminal vs. Civil Law

Criminal law: sources are statutory & case law, contains misdemeanors and felonies, result: loss of liberties (voting, jobs, student loans, etc.), public record, decreased formal status

Civil law: sources are contract law, tort law, result: no loss of liberties, no public record, no decrease in status

Rule of four

A requirement which states that a case can only be heard by a Supreme Court if four justices vote to hear the case.

Judicial activisim

asserts that judicial review allows the courts to overturn current Constitutional and case precedent; One who believes that the Constitution is a living document whose strength lies in its flexibility and that judges should make bold policy decisions

Explain the relationship between the Supreme Court and public opinion.

SCOUS has no concern for public opinion due to the lifetime position of judges

What factors does the President look at when appointing a judge?

-Party affiliation

-Acceptability to the Senate

-Ability of the justice to win elections

-Judicial experience

Amicus Curiae brief

"friend of the court" brief filed by an interest group to influence a Supreme Court decision

plantiff

A person who brings a case against another in a court of law.

Stare decisis

the legal doctrine under which courts follow legal precedents when deciding cases with similar facts

What does the constitution mean by "good behavior" when it comes to Supreme Court justices?

It expects justices to be free from direct political pressures.

Concurring opinion

supports the majority opinion but has different reasoning for judgment

Dissenting opinion (minority opinion)

-Written argument by the minority

-has no legal standing at present but can be used in the future to overturn precedents

Unanimous Opinion

A written opinion in which all 9 justices agree.

prosecutor

The state or federal government attorney in a criminal case.

Defendant

an individual, company, or institution sued or accused in a court of law.

writ of certiorari

Order by the Supreme Court directing a lower court to send up the records of a case for review

judicial implementation

How and whether court decisions are translated into actual policy, thereby affecting the behavior of others. The courts rely on other units of government to enforce their decisions.

solicitor general

Justice Department officer who argues the government's cases before the Supreme Court