judicial branch

What is Judicial Independence?

The cornerstone of the judicial system requiring it to be free from political influence, ensured by features like no term limits and salary protection.

What are the 3 basic tasks of the Judicial Branch?

1. Determine if a law has been broken and what penalties apply.
2. Decide how to provide relief for victims.
3. Determine the meaning of a particular law or the Constitution.

What is the Dual Court System?

The system comprising state courts and federal courts to settle disputes and interpret laws across different levels of government.

Contrast exclusive and concurrent jurisdiction.

Exclusive jurisdiction is the sole right of a court to hear a case based on subject matter or parties; concurrent jurisdiction involves cases that fall under both state and federal authority.

What are the roles of the Plaintiff and Defendant?

The plaintiff is the person making the legal complaint, while the defendant is the person against whom the complaint is filed.

What is the difference between Original and Appellate jurisdiction?

Original jurisdiction belongs to the court that first hears a case; appellate jurisdiction belongs to a higher court that reviews a case on appeal.

How did the Judiciary Act of 1789 structure the federal courts?

It proposed a 3-tiered structure:

1. District Courts
2. Circuit Courts
3. Supreme Court

What are the roles of Federal District Courts?

They serve as trial courts with original jurisdiction over criminal cases (violations of criminal laws) and civil cases (disputes between private parties).

What is the function of the Court of Appeals?

Strictly appellate courts that hear appeals from district courts, currently divided into 12 geographic circuits plus a 13^{th} federal circuit.

What is the composition and role of the Supreme Court?

The top tier of the federal system consisting of 1 Chief Justice and 8 Associate Justices; it acts mainly as the ultimate appellate court, hearing about 80 cases a year.

What 4 factors are considered when nominating federal judges?

1. Legal expertise
2. Party affiliation
3. Judicial philosophy
4. Opinions of the Senate

Compare Judicial Restraint and broad interpretation.

Judicial Restraint involves interpreting the Constitution according to the framers' original intentions, while broad interpretation views it as an evolving document to be interpreted with changing values.

What is Stare Decisis and Precedent?

Precedent is an earlier court decision that guides later cases; Stare decisis is a Latin term meaning 'let the decision stand,' emphasizing respect for precedent.

What is Senatorial Courtesy?

A tradition where a senator from the same state and party as the nominee can block a district court nomination for virtually any reason.

How does Congress check the Judiciary?

Through the power to impeach and remove judges, the power to create amendments to change laws, and the Senate's role in the appointment process.

What is Judicial Review?

The power of the courts to determine if laws or actions are constitutional.