GoPo Key Concepts Chapter 6

U.S. District Courts

The lowest tier of the federal court system, and the most abundant. Trial courts created by Congress, there are 94 of them,.

U.S. Circuit Courts of Appeals

The middle tier of the federal court system, and second to most abundant, consists of 11 regional courts.

U.S. Supreme Court

The highest tier of the federal court system created by Article III of the Constitution; consist of nine justices and have both appellate and original jurisdiction.

Original Jurisdiction

The Supreme Court’s authority to hear a case for the first time.

Appellate Jurisdiction

The authority to review and repeal a lower court’s decisions.

Judicial Review

Examine acts of legislatures to see if they comply with the Constitution

Federalist No. 78

Hamilton’s written paper affirming a life tenured set of judges, who have judicial review, will always be the least dangerous to the political rights of the Constitution.

Attorney General

The head of the Department of Justice & the chief law officer of the United States., who has all federal judges under them.

Certiorari

Latin for “to make more certain” — The concept that allows a losing party from a fact-based trial to appeal a lower court’s ruling.

Marbury V. Madison (1803)

The landmark court case that initiated and legitimized judicial review. This came about as President Jefferson appointed James Madison as Secretary of State, and Madison refused certain commissions on partisan grounds. Marbury brought this case to the Supreme Court to force Madison to deliver the appointment to him. This was on the grounds that an appointed judge with a signed commission could sue if denied the job. He used the 1789 Judiciary Act that defined the Supreme Court’s jurisdiction is such matters.

Although the Court found that the Judiciary Act does not give them jurisdiction in Madison’s case based on the Constitution, it did set the practice of judicial review. As, the Supreme Court asserted its powers and checked Congress.

Precedent

A ruling that firmly establishes a legal principle.

Stare Decisis

Latin for “let the decision stand” — The concept of using precedents in all courts and governing common law.

Binding Precedent

When a district court receives a case that parallels an already decided case, the district court is obliged to rule the same way.

Persuasive Precedent

Considering the decisions and rulings made in other district courts as a guiding basis for a decision.

Strict Constructionist

A conservative interpretation of the Constitution in it’s original context.

Liberal Constructionist

An interpretation of the Constitution as a living document and takes into account changes and social conditions since ratification.

Rule of Four

Once four of nine justices agree to accept the case, the appeal is granted.

Majority Opinion

A statement written by a justice with expertise in the topic that reflects the Court’s ruling and decision.

Concurring Opinion

A statement written by a justice who agrees with the majority, but differs in reasoning.

Dissenting Opinion

A statement written by a justice that votes against the majority opinion, describing their opinion and reasoning.

Judicial Activism

When judges strike down or reverses public policy, can be liberal or conservative.

Judicial Restraint

Judges not deciding a dispute in that manner unless there is a concrete issue to be relieved by the decision; when judges refuse to “legislate” from the bench citing that in a democracy elected representatives make the law.

Senatorial Courtesy

Senators will typically recommend judges to the White House for federal district courts.

“Nuclear Option”

Bush’s threat to the filibuster for judicial nominees. Averted due to the “gang of 14,” a bipartisan group of senators that worked togetehr to make compromises.

Standing

The requirements for bringing a case to court.

Chief Justice

The highest ranking member, who is elevated by POTUS. They have the power to set judiciary agenda.

Associate Justice

The 8 lower justices that make up the supreme court.

Marbury V. Madison (1803)

Established the concept of judicial review.

Swing votes

Often tie-breaking votes cast by justices whose opinions cannot always be easily predicted.

Amicus Curiae

A Latin word meaning friend of the court; it argues for a particular ruling on a case is submitted when a party is not directly involved with a case.