The federal courts

Why are the courts autonomous?

Courts are separate from Congress and the President

Hierarchy

You can appeal to a higher court, and federal is more than state.

Judicial review

Courts can strike down actions that violate the constitution

Statutory law

A law passed by Congress and signed by the president

Administrative law

Laws and regulations passed by the executive branch, regulatory agencies that create rules have the force of law

Constitutional law

Things in the constitution, involves a lot of civil rights

Case law

Precedents: past cases whose principles are used by judges as the bases for their decisions in present cases

Common law

Law system set on previous cases set legally binding precedent

Civil law

Law system set on legal codes

Criminal case

Defendant is sued by the government for breaking a statutory law

Civil case

An individual sues another individual, organization, etc for money over an injury, wrongful death, damages, employment, etc.

Prosecutor

An attorney employed by the state or federal department of justice

Defendant

The person getting sued

Plaintiff

Individual initiating the suing in a civil case

Public law

When plaintiffs or defendants try to show that their case involves the powers of government or rights of citizens as defined under the constitution

Jurisdiction

The types of cases over which a court has authority

What cases start in the federal system?

Federal laws, treaties with other nations, constitution

Trial courts

District courts where the trial first happens

Appellate court

Appeals court where you are appealing the decision

Supreme court

Where the final decision reigns supreme

Why might you appeal?

Often you don’t like the outcome.

Judicial review

The power of the courts to determine whether the actions of the president, congress, and the state legislators are consistent with the constitution

Someone has a court case in which they claim that their 1^st amendment rights to freedom of speech were violated at their public school. Which court would it go to?

US District court

Ripeness

A case must involve an actual controversy between two parties, not a hypothetical one.

Standing

Anyone initiating a court case must show a substantial stake in the outcome

Moot

if the relevant facts have changed or the problem has been resolved by other means

Writ of Certiorari

A formal request to have the supreme court review a decision of a lower court

Briefs

A written document in which an attorney explains using court precedents why a court should rule in favor of a client

Oral argument

Attorneys get 30 minutes including interruptions

Private debate

Justices meet privately

Majority opinion

The written explanation of the Supreme court’s decision on a particular case

Concurring opinion

Written opinion on why they agree but on a different rationale

Dissenting opinion

Written opinion on why they disagree

Releasing the opinion

Generally happens in June

Textualist

Read at face value.

Originalist

Investigate the original meaning as understood at the time.

Living constitution

The constitution was made for the people, not the people for the constitution.

Purposive

Investigate the original intent of each provision, then ask how that purpose applies to modern circumstances.

Judicial restraint

Only using the text of the constitution for interpretation, originates with originalism

Judicial activism

Considering the broader societal implications of the decisions, correlates with living