AP Gov Judicial

Article III

foundation for powers of the judicial branch ; life tenure for justices allows the court to function independent of the current political climate

Judicial Review

 the Supreme Court’s power to determine the constitutionality of a congressional law, executive action, or state law or state court decision

Stare Decesis

the legal doctrine under which courts follow legal precedents when deciding cases with similar facts)

Precedent

a principle or rule established in a previous legal case relevant to a court when deciding subsequent cases

Jurisdiction

legal authority delegated to the federal courts to rule on cases and controversies

Original Jurisdiction

• the power of a court to hear a case for the first time

• Most interested in guilt and innocence

• Hears facts of the case

Appellate Jurisdiction

• the power of a court to hear a case that has already been heard and decided by a lower court

• The power to revied and/or revise the decision of a lower courts

• Did the law get followed?

• No new evidence, testimony, or jury.

• Were ____ rights violated?

Judicial Activism

asserts that judicial review allows the courts to overturn current Constitutional and case precedent or invalidate legislative or executive acts

Judicial Restraint

asserts that judicial review should be constrained to decisions that adhere to current Constitutional and case precedent

Issue

A legal or Constitutional question the court considers in a case

Decision

the outcome of a case that includes a dA legal or Constitutional question the court considers in a case

Facts

The relevant events of a case that occurred before courts became involved

Holding

the court’s response to the issue being considered in a case

Reasoning

The courts explanation of a holding

Opinion

an analysis of the court’s decision, written by the justices. The majority opinion is agreed upon by more than half of the justices

Amicus curiae brief

a written document submitted as a “friend of the court” to provide additional information for justices to consider when reviewing a case

pre4sence of interest group amicus curiae briefs lobbying for or against certiari- “I really think this case should be heard and this is how I think it should be ruled on”

Judicial Implementation

the process of putting a court’s decision into practice and enforcing it. Requires implementation through the executive branch (including bureaucracy), states, local governments, and private institutions/citizens. 

Judiciary Act of 1789

outlines the basic structure of the 3 tiered judicial system. Creates the inferior courts of the Federal Courts and outlines jurisdiction of the courts.

Rule of 4

• 4 Supreme Court Justices are required to agree to hear a case.

• Cert pool: Should it be granted a hearing

• Discuss list- 30% of petitions make it to the discuss list

• - Have to decide which one(s) they wanna hear

• - Cert granted when at least four-justices vote to hear a case

Writ of Certiorari

is a request that the Supreme Court order a lower court to send up the records of a case for review. This is the main way the SCOTUS controls its caseload. In order for a Writ to be granted a case must have already been heard by a federal appellate court, a special three-judge district court or a state court of last resort. The issue must also involve a federal question. 

Checks on the judicial branch

• Impeach

• Executive has to execute their decisions -passive

• Confirmation and appointment

• Amendment to constitution 2/3 both houses

• pardons and reprieves

Standing

Those that have been harmed or will be harmed (imminent harm)

Harm can be:

Loss of property, money/livelihood, freedom, discrimination, etc.

District courts

At least one in each state, each staffed by a federal judge

Circuit Court

(Court of Appeals)

Avenue for appeal, looking at law ONLY

Supreme Court size set

To change must go through legislative branch

Constitutional Courts

• Federal courts specifically created b the US constitution or congress pursuant to its authority in article III (fed district courts, court of appeals, SCOTUS)

• Only ones that can do judicial review

Legislative Courts

• Courts established by Congress (part of implied power) for specialized purposes such as the court of military appeals, territorial courts, etc.)

• Fixed terms (No life term)

Exclusive Jurisdiction

• Can only be heard in federal court

• Treaty, conflict between states, etc.

Concurrent Jurisdiction

Many cases may be tried in a federal or state court

Three Tiered System

Trial courts, appellate courts, and the high courts

Trial Courts

• Courts of og. jurisdiction where litigation begins

• 90% cases start/end at court of og. jurisdiction (bc. plea deals, etc.)

• Federal District

• State Superior

Appellate courts

• Courts that generally review only findings of law made by lower parts

• Federal Level = Court of appeals/circuit courts

The high courts

Federal: Supreme Court SCOTUS

State: High Court or State Supreme court

Can have both og. and appellate jurisdiction

Litigation

Actions of going to court

Statute

A law

If something is based on statute its based on a law

District Courts

• 94 federal district courts staffed by 750 active justices

• wont cross state lines (1 state)

• The most populous states have four (CA, TX, and NY)

Each federal judicial district has ___

A U.S. attorney

• Nominated by the pres. and confirmed by senate

• Chief law enforcement

Chief law enforcement officer

Determine charges, what cases pursued, etc.

Key patronage position

Senatorial Courtesy

Tradition created to speed up appointment and confirmation process

presidential appointments are confirmed only if there is no objection to them by the senators from the appointee's state, especially from the senior senator of the president's party from that state.

The Court of Appeals

• 12 numbered circuit court + 1 Federal- they usually sit in three-judge panels

• They correct errors of law (substantive process or process of the law) and procedure (procedural due process)- hear no new testimony

• Decisions of the court of appeals are binding within the geographic confines of the circuit

• No case can start at court of appeals ****

SCOTUS Key powers

• Power of judicial review

• Power to overrule supreme court decisions- plessy (segregation) to brown v board (overruled)

• Power to interpret broadly worded laws of congress and the constitution

SCOTUS Jurisdiction

• Most cases come from apellate

• Original and apellate

Certiorari

To make certain

The Certiorari process

Court controls its caseload through this process

All petitions for a writ of certiorari must meet two criteria:

• The case must come either from a U.S. court of appeals, a special 3-judge paneled court, or a state court of last resort

• Case must involve a federal question

How to tell who is petitioner/plaintiff and who’s respondent/defendant

The first name is the petitioner or plaintiff and the second name is the respondent or defendant

Characteristics of Supreme Court Cases

• The federal gov. is the party asking for review

• - Solicitor General

• Involves conflict among circuit courts

• Prevents a civil rights or civil liberties question

• Involves ideological and/or policy preferences of the justices

• Has significant social or political interest

Solicitor General

• U.S. govs. lawyer, in dpt. of Justice

• Appointed by pres., confirmed by senate, serve at will of pres.

When does SCOTUS term start and end?

Begins on first monday in october and continues until the end of june

Whats the SCOTUS quorum?

6

Before oral arguments

• Justices read the attorney briefs

• Justices read amicus curiae briefs

Oral arguments

• Usually conducted by the two main parties in the case

• About 45 minutes long

• Why your interpretation of constitution might be proper

Concurring opinion

Agree with the majority but for a different opinion

The Warren Court (1954-1969)

Conservatives complained about the liberal court being too activist

• Rights of the accused “Miranda Rights” (being read your rights)

• Civil liberties

• Political issues (Civil Rights Movement)

The Burger Court (1969-1986)

Less activist than the Warren Court but still upset conservatives with:

• Roe v. Wade

• U.C. Reagents v. Bakke

The Rennquist Court (1986-2005)

Accused of being too activist

• Overturning Gun Free Zone Act

The Robert’s Court (2005-now)

Accused of being too activist

• Upheld ACA

• Citizens United v. FEC

• Dobbs v. Jackson’s Women’s Health Organization

• Obergfell v. Hodges

SCOTUS Jurisdiction and Characteristics

Jurisdiction: Original and appellate

Characteristics: Power of judicial review

Rule of four

9 justices

this sets national precedent (stare decisis)

Circuit Courts Jurisdiction and Characteristics

Jurisdiction: Apellate

Characteristics: Three judge panels

Correct errors of law and procedure

Binding within geographic confines of the circuit

No case can start here

12 circuits

District courts jurisdiction and characteristics

Jurisdiction: Original

Characteristics: Majority of federal cases start/end here

Senatorial courtesy

94, atleast 1 per state

Trial by jury (plea deals)

U.s. attorney (patronage)

High Courts/State Supreme Courts Jurisdiction

Original and Apellate

Courts of Appeals Jurisdiction Appelate

Appellate

State Superior Courts Jurisdiction

Original