Unit 4c: Judicial Branch Reading Study Set - AP US Gov. & Politics

Article 3

Article 3

Judiciary outlined where in the Constitution?

*The only court directly mentioned in the Constitution is the Supreme Court, BUT it allows Congress to create “inferior“ courts.

State Courts

Court that handles most disputes, criminal or civil.

Federal Courts

Court that handles crimes against the US, high-dollar questions, and they protect the Judiciary’s independence.

Supreme Court

The highest tribunal, through judicial review and it’s rulings it shapes the law and how the law is carried out. Includes the Chief Justice + 8 associate justices. Hears appeals from circuit courts and from state supreme courts. Overturns 70% of cases. Their ruling is the law of the land.

“Life Term“

Judge terms allows Judges to make unpopular but necessary decisions, and this assures Judges can operate independently as other branches cannot remove them over differences in ideology. This also allows for consistency in interpretation of the law.

Original Jurisdiction

The authority to hear a case for the first time and come to the first decision. The Supreme Court only has this in matters of cases affecting Ambassadors, and Public Ministers, and those in which a State is a party. Mostly, this power is left to lower courts (District and sometimes Appellate).

Appellate Jurisdiction

A second level of Jurisdiction, used in second instance courts (Appellate Courts and Supreme Court). Used to reconsider the holdings of lower courts.

Treason

“Levying war“ or giving “aid or comfort“ to the enemy. This is the only crime defined in the Constitution. At least 2 witnessed must testify in open court to the treasonous act in order to convict the accused.

Right to Jury Trial

A criminal defendant’s right. Framers saw it as a citizen check on the government accusation.

Federalist 78

Establishes Judicial Review

Judicial Review

The Judiciary examines acts of the legislature to see if they comport with the Constitution. This is their check on other branches of government.

Judiciary Act of 1798

Defined a Three-Level System of the Judicial branch. Originally one District existed within each State. The Supreme Court originally had 6 Justices instead of 9. Congress also create 3 regional Circuit/Appeal Courts. Supreme Court Justices were assigned to oversee the US Appeals Courts which included clusters of state called a “Circuit“ and preside over periodic sessions.

“Riding Circuit“

Justices hold one court after another in a circle path.

US District Courts

Lowest courts of the US that takes most cases. 94 courts in the US, at least 1 per state, and for less populated Western States, district lines are the same as State lines. Districts contain US courthouses served by federal district judges. Nearly 700 district judges preside over trials concerning federal crimes, lawsuits, and disputes over constitutional issues. Annually, they receive 300,000 case filings, most of civil nature.

Plaintiff

The party initiating the action in a Trail Court (US District Court).

Defendent

The party answering the claim in a Trail Court (US District Court).

“Prosecution“

In criminal trials, the government is the plaintiff.

“Injury“

Physical injury, or financial injury (more common).

Federal Crimes

US District/State Courts are in charge of these crimes that violate the enumerated powers in the Constitution, Article 1, Section 8.

US Attorneys

Each of the District Courts has one, appointed by the President and approved by the Senate, representing the Federal Government in Federal courts. They work in the Department of Justice under the Attorney General, and are assisted by the FBI. 80,000 Federal crimes per year.

Torts

In civil cases, Plaintiffs sue over these that have damaged them.

Lawsuit

Plaintiff files a complaint/brief explaining damages and the defendant should be held liable. When the disputes involve constitutional questions, a Federal Judge deals with it rather than a whole Jury in District Courts.

Injunction

A court order to the losing party in a civil suit, making them act or refrain from wrongdoing.

Sovereign Immunity

The government is protected form suit (being sued) unless it permits such a claim.

US Court of Claims

Allows citizens to bring complaints against the US, many times over constitutional questions. Sometimes government officials can be sued personally.

US Circuit Courts of Appeals

These courts are medium level, and their job is to shape the law. They were needed because the Supreme Court riding circuit justices was not enough to meet demand. A petitioner appeals the case, and a respondent will defend the lower court’s ruling. 11 geographic circuits across the country.

Certiorari

“To make more certain“ — the losing party from a fact-based trial (in a District Court) can appeal based on this concept to a higher court. Must say violation of law, procedure, or precedent (verdict).

Circuit Court for the Federal Circuit

Hears appeals dealing with patents, contracts, and financial claims against the US.

Circuit Court of Appeals for the District of Columbia

Handles appeals from those fined or punished by executive branch regulatory agencies.

DC Circuit

2nd most important in the nation (second to Supreme Court) and is the feeder of Supreme Court Justices.

Marbury v. Madison (1803)

Constitutional Question: Can an appointed judge sue for his appointment, and does the Supreme Court have the authority to hear and implement this request?

Decision: Yes and no, but mostly no.

Facts: John Adams appointed new Federalist Party judgeship, but he lost the re-election to Thomas Jefferson (Democratic-Republican). John Marshall (Chief Justice of Supreme Court) had prepared commissions (pay) and official notices of appointment and had MOST delivered. William Marbury was one of 17 appointees that didn’t get official notice. Thomas Jefferson instructed Secretary of State James Madison to hold commissions because of people’s political parties.

Marbury wanted the Supreme Court to issue a court order Writ of Mandamus, which forces Madison and the executive branch to appoint him and give him his job. It went to the Supreme Court because of the Judiciary Act of 1789.

Reasoning: Appointed judge with a signed commission could sue if denied their job. BUT, the law giving Marbuy commission and his job (Section 13 of Judiciary Act) goes contrary to Article 3 of the Constitution.

*The Constitution only gives the Supreme Court appellate jurisdiction. The case also established Judicial Review.

Question Legitimacy of Supreme Court

Life tenure, broad federal jurisdiction, judge’s ideology, and unfavorable decisions.

Common Law

Body of court decision that makes up part of the law.

Precedent

Court rulings firmly established a legal principle.

Stare Decisis

“Let the decision stand“ governs common law. Precedents are followed in the future.

Binding Precedent

US District court’s receive a similar case to a case decided by a circuit court/higher court, and they MUST rule the same way, or else they could get appealed and it will be overruled bu a higher court.

Persuasive Precedent

Judges consider past decisions made in other district courts or far off circuits to guide new decisions. Precedents can still be overturned, as interpretations change over time, or there could have been an error made.

John Marshall

Supreme Court Chief Justice that strengthened the court and united it for national law. He truly upheld the Judicial branch as a 3rd important and independent branch. Strengthened national supremacy and Congress’s Commerce Clause.

Brutus

Thought that the Supreme Court is placed in a situation of free country and is worried that no errors they make can be corrected by higher power.

Swing Votes

Tie breaking votes cast by Justices whose opinions cannot be easily predicted.

John Roberts

Current Chief Justice.