Judicial Branch

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

Court of Appeals

13 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 SC Justices

President

Approved by senate

Qualifications of SC Justices

None

term of office for SC Justices

life when they have "good behavior"or retire

removal of supremes

impeachment and conviction

death

resignation

nominations for lower court

Dept. of Justice and White House staff do research for nominations and propose list to Pres.; Pres. usually agrees with them

traits taken into account when appointing supremes

party affiliation

litmus test-are they consistent with their ruling on liberal/conservative issues?

judicial philosophy

race, gender, religion, region

judicial experience

acceptable-current justices interview nominees to see if they can work together; Senate must approve

1st African American on SC

Thurgood Marshall; appointed by LBJ; argued for Brown v. Board

1st female on SC

Sandra Day O'Connor; appointed by Reagan

1st Hispanic on SC

Sonia Sotomayor; appointed by Obama

term of Supremes

begins 1st Monday in October; ends June 30

accepting cases

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

why are most cases denied?

justices think lower court's decision was right

writ of certiorari

an order by the court directing a lower court to send up a case

brief

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

amicus curiae

friends of the court; people who come to support or reject arguments of the case

oral arguments

timed (usually 30 min); each side presents their case

there is an exception for high profile cases (longer time)

majority opinion

explains the court's decision and its reason

if chief justice votes w/ majority, chief selects who writes opinion (or writes it himself)

majority opinions become precedents...

which are standards or guides to be followed in deciding similar cases in the future (common sense)

Warren Court

1953-1969

Roberts Court

2005-present

who is chief justice now?

John Roberts

appointed in 2005 by Bush

judicial restraint

court avoids making policy; wants to leave policy up to other two branches

Appellate court (most important caseload of the supreme court)

They review all final decisions of district courts (except in rare cases).

Original v Appellate Jurisdiction

Original jurisdictions are cases that have been heard for the first time from the lower courts but appellate jurisdiction is a court hearing a case on appeal from the lower court.

Original Juridiction

Jurisdiction of a court that hears a case first, usually in a trial.

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.

Courts of appeal (same as appellate court)

Appellate courts that can review all final decisions from district courts.

In what cases does the supreme Court hold original jurisdiction?

Cases involving Diplomats from foreign nations, and disputes between states.

Describe the history and controversy with FDR's "court-packing" bill.

Franklin Roosevelt announces a controversial plan to expand the Supreme Court to as many as 15 judges to make it more efficient. Critics were against this because they thought FDR was trying to "pack" the court so they neutralized it. Roosevelt came up with a proposal that suggested the retirement of 70-year-old judges. [In the end, this plan was deemed unnecessary and struck down]

Criminal law

Is the body of law that relates to crime.

Civil law

A law that governs relationships between individuals and defines their legal rights.

Explain the process by which a case reaches the supreme Court and is decided.

The Supreme Court decides to hear a case based on at least four of the nine Justices of the Supreme Court agreeing to grant the Petition for Certiorari.

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

One who believes that the Constitution is a living document whose strength lies in its flexibility and that judges should make bold policy decisions, even charting new constitutional ground by challenging the policy positions of the Congress and the President

How does a "loose interpretation of the Constitution differ from a "strict interpretation" of the constitution?

"Strict interpretation" of the constitution is when the government of the U.S. holds only those powers specifically granted to it by the Constitution. "Lose interpretation" is when the government holds all powers that are not specifically denied to it by the Constitution.

Why does the Supreme Court often prefer to avoid ruling on "political question"?

By trying to avoid political questions, the court is hoping to earn the respect of the rest of the government, or in other words, to be viewed as being above the political process.

Describe the historical judicial consequences of the following courts: Marshall court, Warren Court, and Burger Court.

Marshall court: Gave Supreme Court the right to overturn a law passed by Congress.

Warren court: The court expanded civil rights and liberties, judicial power, and the federal power in dramatic ways.

Burger Court: The court narrowed fundamental rights.

District court

Lowest level of federal courts, where federal cases begin and trials are held (bank robbery, environmental violations, tax envasion)

How can Congress check the courts? How can the President check the courts?

Both Congress and the President check the courts because the President appoints the judges and Congress approves that appointment.

Explain the relationship between the Supreme Court and public opinion.

The supreme court has no concern for public opinion due to the lifetime position of the supreme court judges (aside from pittition).

Which President served in the Supreme court?

Taft

Which of the following is empowered to create new federal courts and specify the number of judges who will sit on them?

Congress.

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

-Party affiliation

-Judicial experience

-Acceptability to the Senate

-Ability of the justice to win elections

Senatorial courtesy

An unwritten tradition whereby nominations for state-level federal judicial posts is not confirmed if they are opposed by a senator from the state in which the nominee will serve.

A nonlitigant group or individual that wants to attempt to influence the court in a particular case can file

An anicus curiae brief.

Amicus Curiae brief

Legal briefs submitted by a "friend of the court for the purpose of raising additional points of view.

Legal brifefs

A legal document which is presented to a court that is dealing with a case involving a party and the brief argues for the victory of one party.

Litigate

A person engaged in a lawsuit.

plantiff

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

Why is the doctrine of stare decisis significant?

It is the principle that affirms that courts are bound by prior decisions.

Stare decisis

The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented.

What can be done once the Supreme court finds a federal law unconstitutional?

Congress can try to amend the constitution.

Can a U.S. Supreme court Justice be impeached?

A Supreme Court Justice may be impeached by the House of Representatives and removed from office if convicted in a Senate trial

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

Additional opinion in a court decision written by a member of the majority.

Dissenting opinion

Judicial written opinion that contradicts the ruling of the full court.

Per Curiann decision

Is a ruling issued by an appellate court to multiple judge in which the decision rendered is made by the court acting collectivelyy and unanimously.

Precedent

A decision made by a higher court.

Reverse

To rule against.

Solicitor General

A presidential appoinntee (lawyer) and the third-ranking office in the Department of justice.

Trial court

The first court before which facts of a case are decided.

Unanimous Opinion

A written opinion in which all 9 justices agree.

The doctrine of stare decisis is significant for which of the following reason?

It is the principle that affirms that courts are bound by prior decisions

Which Supreme Court Chief Justice was behind the court case Marbury v Madison

John Marshall

McCulloch v. Maryland (1819)

Established supremacy of the U.S. Constitution and federal laws over state laws

United States v. Lopez (1995)

Congress may not use the commerce clause to take possession of a gun in a school zone a federal crime

Engel v. Vitale (1962)

School sponsorship of religious activities violates the establishment clause

Wisconsin v. Yoder (1972)

Compelling Amish students to attend school past the eighth grade violates the free exercise clause

Tinker v. Des Moines Independent Community School District (1969)

Public school students have the right to wear black armbands in school to protest the Vietnam War

New York Times Co. v. United States (1971)

Bolstered the freedom of the press, establishing a "heavy presumption against prior restraint" even in cases involving national security

Schenck v. the United States (1919)

Speech creating a "clear and present danger" is not protected by the First Amendment

Gideon v. Wainwright (1963)

Guaranteed the right to an attorney for the poor or indigent in a state felony case

Roe v. Wade (1973)

Extended the right of privacy to a woman's decision to have an abortion

McDonald v. Chicago (2010)

The Second Amendment right to keep and bear arms for self-defense is applicable to the states

Brown v. Board of Education (1954)

Race-based school segregation violates the equal protection clause

Citizens United v. Federal Election Commission (2010)

Political spending by corporations, associations, and labor unions is a form of protected speech under the First Amendment.

Baker v. Carr (1961)

Opened the door to equal protection challenges to redistricting and the development of the "one person, one vote" doctrine by ruling that challenges to redistricting did not raise "political questions" that would keep federal courts from reviewing such challenges

Shaw v. Reno (1993)

Majority minority districts, created under the Voting Rights Act of 1965, maybe constitutionally challenged by voters if the race is the only factor used in creating the district

Marbury v. Madison (1803)

Established the principle of judicial review empowering the Supreme Court to nullify an act of the legislative or executive branch that violates the Constitution

Federalist No.10 The Same Subject Continued- The Utility of the Union Safeguard Against Domestic Faction and Insurrection

Written by James Madison in the late 1700s. In his paper, Madison is making two arguments regarding the main differences between a democracy and a republic. He believes that a republic is superior to democracy because a democracy cannot prevent violence in factions.

Brutus No.1 To the Citizens of the State of New-York

Brutus believes that Congress will get to make any laws that they want and that the laws will be to benefit the leaders

The state will no longer be a confederation but a republic with rules/laws that everyone must follow

The Supremacy Clause states that the federal laws have power over the state laws, so the state government could be disregarded by the federal government.

The Declaration of Independence

The Declaration of Independence was written to create a new government, separate from England, that would guarantee that its people would have fundamental rights and the right to abolish the government if they are not happy with it.

In addition, Thomas Jefferson emphasized that if the government does not do its job and the American people's safety and well-being are risked the government can be overthrown

Lastly, Jefferson shows evidence of how the king of Great Britain had caused repeated injuries. In addition, he states that there was a lack of representation from the colony in Congress and concludes by explaining that members who signed the declaration pledged their loyalty to support it

The Articles of Confederation

The Articles created a loose confederation of sovereign states and a weak central government, leaving most of the power to the state governments. The need for a stronger Federal government soon became apparent and eventually led to the Constitutional Convention in 1787

Article 1 of the Constitution

Legislative Branch: the U.S Congress makes the laws for the United States. Congress has two parts, called "Houses," the House of Representatives and the Senate

Article 2 of the Constitution

Executive Branch: the President, Vice-President, Cabinet, and the Departments under the Cabinet Secretaries carry out the laws made by Congress

Article 3 of the Constitution

Judicial Branch: the SCOTUS decides court cases according to the US Constitution. The courts under the SCOTUS decide criminal and civil court cases according to the correct federal, state, and local laws.

Article 4 of the Constitution

States' powers: States have the power to make and carry out their own laws. State laws that are related to the people and problems of their area. States respect other states' laws and work together with other states to fix regional problems.

Article 5 of the Constitution

Amendments: The Constitution can be changed. New amendments can be added to the US Constitution with the approval of a two-thirds vote in each house of Congress and a three-fourths vote by the states.

Article 6 of the Constitution

Federal Powers: The Constitution and federal laws are higher than state and local laws. All laws must agree with the US Constitution.