Federal Courts

What does “Rule of Law” mean?

 Everyone, including government officials, is subject to the law — no one is above it.

What is the U.S. Common Law System based on?

Written laws and judicial precedents from earlier cases

What is a “precedent”?

A past court decision that guides future rulings.

 What does “stare decisis” mean?

 “Let the decision stand” — courts generally uphold prior rulings for consistency.

What does criminal law address?

Offenses against the public; the government prosecutes the defendant.

What does civil law address?

 Disputes between individuals or organizations, like contracts or property.

What does public law involve?

Government actions or constitutional issues, such as rights violations.

 What is “jurisdiction”?

The authority of a court to hear a case.

Difference between original and appellate jurisdiction?

first to hear a case; reviews lower court decisions.

Who is the plaintiff?

The person bringing a lawsuit.

 Who is the defendant?

The person being sued or accused.

What is an appeal?

 A request for a higher court to review a lower court’s decision.

How many U.S. district courts exist?

94 district courts with original jurisdiction.

How many U.S. Courts of Appeal exist?

13 circuits reviewing district court decisions.

What is an “en banc” hearing?

All judges in a circuit hear a major case together.

What is the main focus of the U.S. Supreme Court’s docket?

Constitutional issues.

 What does “standing” mean in court?

A party must show personal harm to sue.

 What is “mootness”?

The issue is no longer relevant or active.

What is “ripeness”?

The issue is ready for judicial review.

What is habeas corpus?

The right to challenge unlawful detention.

How are justices appointed?

Nominated by the President, confirmed by the Senate.

What is judicial review?

The power to declare laws unconstitutional (Marbury v. Madison, 1803).

What is the “Rule of Four”?

 Four justices must agree to hear a case.

What is an “amicus curiae” brief?

A “friend of the court” brief submitted by outside groups

What is a majority opinion?

The official ruling and reasoning of the Court

 What is a concurring opinion?

Agrees with the result but for different reasons.

What is a dissenting opinion?

 Disagrees with the majority.

What is judicial activism?

 Courts taking an active role in shaping policy.

What is judicial restraint?

Courts deferring to the elected branches.