unit 2C

Original Jurisdiction

A court’s power to hear a case for the first time.

Appellate Jurisdiction

A court’s power to review lower court decisions.

Amicus Curiae (“Friend of the Court”) Briefs

Documents from outside groups sharing opinions or information about a case.

Stare Decisis

Following past court decisions when deciding similar cases.

Opinion

A written explanation of a court’s decision.

Strict Constructionism

Interpreting the Constitution by following its exact wording.

Loose Constructionism

Interpreting the Constitution broadly and allowing flexibility.

Originalism

Interpreting the Constitution based on its original meaning.

Judicial Implementation

Putting court decisions into action.

Judicial Review

The power to declare laws unconstitutional.

Judicial Activism

When judges actively interpret the Constitution and overturn laws.

Judicial Restraint

When judges limit their power and avoid overturning laws.

2. Main points/arguments of Federalist No. 78

Written by Alexander Hamilton, it supports an independent judicial branch. Judges should have life tenure to avoid political pressure. The judiciary is the least dangerous branch because it controls neither money nor the military.

3. Outline of Article III and its drawbacks

Establishes the judicial branch and Supreme Court. Gives Congress power to create lower federal courts. Federal judges serve for life during good behavior and their salaries cannot be lowered. A drawback is that it does not explain exactly how the court system should operate.

4. How the federal court system works

Has three levels - district courts (trials), courts of appeals (reviews decisions), and the Supreme Court (highest court).

How state court systems work

Each state has its own courts that handle cases involving state laws. Usually includes trial courts, appeals courts, and a state supreme court.

6. Court system where most U.S. cases are tried

State court systems handle most cases in the United States.

7. Why most cases do not go to trial

Many cases are settled outside of court or resolved through plea bargains to save time and money.

8. How district courts work and how many there are

They are federal trial courts that hear cases first and examine evidence. There are 94 federal judicial districts.

9. How courts of appeals work and how many circuits there are

They review lower court decisions to check for legal errors. They usually do not hold new trials. There are 13 federal appeals court circuits.

10. How SCOTUS works

The Supreme Court reviews important cases involving federal laws and the Constitution. It chooses most cases through a writ of certiorari. At least 4 justices must agree to hear a case (Rule of Four).

11. Number of Supreme Court justices

9 justices

12. Facts of Marbury v. Madison (1803)

William Marbury did not receive his appointment papers before President Jefferson took office. He asked the Supreme Court to force James Madison to deliver them. Chief Justice John Marshall ruled that part of the Judiciary Act of 1789 was unconstitutional. This case established judicial review.

13. Process for appointing federal judges and Supreme Court justices

The President nominates a candidate, The Senate Judiciary Committee reviews the candidate and holds hearings, The committee sends its recommendation to the full Senate, The Senate debates and votes, A simple majority is needed for confirmation, The President officially appoints the judge or justice.

Backgrounds of federal judges

Most have law degrees and experience as lawyers, prosecutors, or lower court judges.

Comparison of federal judges’ backgrounds to the American population

Federal judges are generally more educated and wealthy than the average American. Historically, most have been white and male, although representation has increased for women and racial minorities.