Government Federal Courts

Criminal Law

is the system of rules that defines actions considered crimes against society or the state. Its purpose is to maintain public order and punish those who break the law.

Example: If someone steals a car, the government can charge and prosecute them under criminal law.

Civil Law

The system of rules that settles disputes between people or organizations, rather than dealing with crimes. Its purpose is to protect individual rights and ensure fairness in personal and business relationships.

Example: If one person sues another for breaking a contract, that case is handled under civil law.

Precedents

are past court decisions that judges use as examples or guides when deciding new cases. Their purpose is to keep the law consistent and fair over time.

Example: If a higher court once ruled that schools can’t limit free speech unfairly, lower courts must follow that precedent in similar cases.

Stare decisis

a legal principle that means “to stand by things decided.” Its purpose is to make sure courts follow established precedents so that the law stays consistent and predictable.

Example: If the Supreme Court made a ruling on free speech, lower courts must follow that same ruling in similar future cases because of stare decisis.

Public Law

the part of law that governs how the government interacts with people and how different parts of the government relate to each other. Its purpose is to protect the public’s rights and ensure government power is used fairly.

Example: A case challenging whether a new government law violates the Constitution is an issue of public law.

What are precedents?

How past cases have been decided—precedent—can be enormously influential on the outcomes of future cases with similar circumstances.

Which statement best captures the distinction between criminal and civil law?

Criminal law has more to do with violations of laws protecting health, safety, morals, and welfare of the community, whereas civil law involves disputes among individuals or the government.

Trail court

is the first court where a case is heard and decided. Its purpose is to determine the facts, apply the law, and give a verdict or judgment.

Example: In a car accident lawsuit, the trial court hears witnesses, reviews evidence, and decides who is responsible.

Couple of appeals

is a higher court that reviews decisions made by trial courts to see if legal mistakes were made. Its purpose is to ensure fairness and correct any errors in how the law was applied. Example: If someone believes their trial was unfair, they can take the case to a court of appeals to ask for a new decision.

Supreme court

is the highest court in the United States. Its purpose is to interpret the Constitution, review important legal questions, and make final decisions that all other courts must follow.

Example: When the Supreme Court ruled that segregation in schools was unconstitutional in Brown v. Board of Education, that decision became the law for the entire country.

Jurisdiction

is the legal power or authority a court has to hear and decide a case. Its purpose is to make sure cases are handled in the right court and by the right level of government.

Example: A state court has jurisdiction over a traffic accident that happens within that state.

Appellate Jurisdiction

the authority of a higher court to review and decide whether a lower court’s decision was correct. Its purpose is to ensure the law was applied properly and that no legal errors were made in the original trial.

Example: A court of appeals has appellate jurisdiction to review a conviction from a trial court to see if the defendant’s rights were violated.

Original jurisdiction

is the authority of a court to hear a case for the first time, rather than on appeal. Its purpose is to allow certain courts to be the first to decide on specific types of cases.

Example: The Supreme Court has original jurisdiction in cases where a state is suing another state.

Due process

is the legal principle that the government must follow fair procedures before punishing someone or taking away their rights. Its purpose is to protect individuals from unfair treatment by the law.

Example: Before being sentenced to jail, a person must have a fair trial with a chance to defend themselves.

Writ of habeas corpus

a legal order requiring a person who is holding someone in custody to bring them to court and explain why they are being detained. Its purpose is to protect individuals from illegal imprisonment.

Example: If someone is arrested without evidence, their lawyer can file a writ of habeas corpus to have them released or brought before a judge

Where do federal courts, including the Supreme Court, get their jurisdictions?

from both Congress and the Constitution

Suppose your case appears before the Supreme Court and you lose. To what court can you appeal?

Congress has power over the size and structure of the Court, but it does not confer jurisdiction alone.

In what way do courts play a coordination role?

They provide a legal framework and consequences; this encourages different parties to act a certain way toward one another.

Judicial review

is the power of courts to examine laws or government actions and decide if they are constitutional. Its purpose is to ensure that the government follows the Constitution and protects citizens’ rights.

Example: The Supreme Court used judicial review to declare a law banning certain books unconstitutional because it violated free speech.

Which statement about judicial review is accurate?

This is perhaps the most important power of the courts.

Standing

is the legal right of a person to bring a case to court because they are directly affected by the issue. Its purpose is to ensure that courts only hear cases where someone has a real stake in the outcome.

Example: A person cannot sue the government over a law they disagree with unless it directly harms them.

Class action suits

is when a group of people sues a defendant together for similar harm. It helps handle many cases efficiently and ensures justice for small claims.

For example, consumers can file a class action if a company sells a defective product that affects many people.

Mootness

a legal concept meaning a case no longer requires a court’s decision because the issue has already been resolved or is no longer relevant. Courts typically won’t hear moot cases.

For example, if someone sues over a law that is later repealed, the case becomes moot.

Writ of certiorari

is an order from a higher court directing a lower court to send up the records of a case for review. It is often used by the Supreme Court to decide which cases to hear.

For example, the U.S. Supreme Court may issue a writ of certiorari to review a lower court’s decision on a constitutional issue.

Amicus curiae

means “friend of the court.” It is a person or group not involved in a case who offers information or expertise to help the court make a decision.

For example, an environmental group may submit an amicus curiae brief in a case about pollution laws.

Briefs

a written document submitted to a court explaining a party’s legal arguments and supporting evidence. It helps the court understand the case and make a decision.

For example, a lawyer files a brief to argue why their client should win a contract dispute.

Oral argument

when lawyers speak directly to the court to explain their case and answer the judges’ questions. It allows the judges to clarify points and challenge the parties’ positions.

For example, attorneys present oral arguments in the Supreme Court after submitting written briefs.

The conference

judges meet privately to discuss and decide cases after hearing arguments and reviewing briefs. It allows them to share opinions and vote on outcomes before issuing a decision.

For example, Supreme Court justices hold a conference to decide the result of a case after oral arguments.

Opinion writing

is when a judge or court explains the reasoning behind its decision in a case. It provides the legal basis and guidance for future cases.

For example, after deciding a case, the Supreme Court issues a written opinion explaining why it ruled in favor of one party.

Concurrence

is when a judge agrees with the court’s decision but for different reasons than those in the majority opinion. It allows the judge to explain their unique reasoning.

For example, a Supreme Court justice may write a concurring opinion to agree with the ruling but highlight a different legal point.

Dissenting opinion

is when a judge disagrees with the majority decision of the court and explains their reasons. It does not change the outcome but can influence future cases.

For example, a justice may write a dissenting opinion to argue why a law should not have been upheld.

What is the Supreme Court’s most potent tool in shaping law and policy?

Opinion

Judicial restraint

is a principle where judges limit their own power and defer to the decisions of legislatures or executives unless a law clearly violates the Constitution. It emphasizes respect for existing laws and precedent.

For example, a court practicing judicial restraint might uphold a controversial law rather than striking it down.

Judicial activism

is when judges actively interpret the Constitution and laws to address social issues or correct injustices, sometimes shaping policy through their decisions. It involves a more flexible approach than strict interpretation.

For example, a court may use judicial activism to expand civil rights protections.

What influence does ideology have on whether or not justices practice judicial restraint or judicial activism?

Judicial restraint is associated with conservativism, but conservative justices can be just as willing as liberal justices to practice judicial activism.

Suppose Congress passes a law and the Court rules that it violates the Fifth Amendment’s protections of eminent domain and the Tenth Amendment’s reservation of powers to the states. What would supporters of this law have to do to overcome the Court’s ruling?

The Court’s rulings on constitutional grounds are very powerful; rather than just passing a law again, the Constitution itself would need to be amended to empower Congress to carry out the policy it hoped to do through legislation.

Contract Law

• What it covers: Agreements between two or more parties.

• Example: You hire someone to paint your house, but they never show up. You could sue for breach of contract.

Tort Law

• What it covers: Wrongful acts (not based on a contract) that cause harm or injury to another person.

• Example: A driver crashes into your car because they were texting — you can claim damages for negligence.