AP Gov Unit 9: Judicial Branch

Where can you find the outline of the judicial branch?

Article 3 of the Constitution

The US States runs under what type of court system?

a dual court system (national and state)

Jurisdiction

the authority to hear a case

Exclusive Jurisdiction

only federal courts

Concurrent Jurisdiction

federal and state can hear the case

Original Jurisdiction

first court

Appellate Jurisdiction

upon request

In which direction to courts appeal

up

Which courts cannot appeal?

• local courts

• court of military appeals

• supreme court (highest court)

Why can’t the supreme court appeal?

the supreme court is the highest court and the courts appeal up

The blueprint to differentiate state vs federal offenses

the constitution

Who creates inferior courts?

congress (checks and balances)

How long do Supreme Court Justices hold office?

lifetime, unless impeached and convicted

Two types of inferior federal courts:

district and appeal

District Courts

• original jurisdiction

• jury

Appeal Courts (Circuits)

• appellate jurisdiction from district courts

Supreme Court

• appellate jurisdiction and limited jurisdiction

Indictment

a formal charge

Criminal case v Civil Case

• Criminal: violation of law

• Civil Case: disputes; lawsuits

State Constitution v State Laws

state constitution > state laws

Circuit Case vs State Constitution

circuit case > state constitution

When does the Supreme Court get invovled?

when appeals courts conflict

Process to get federal court judges (supreme, district and appeals)

appointed by president, approved by the senate

Why do the SC judges have the most attention?

there is less of them

Where does most judicial work happen?

in the districts

where is the least amount of judicial work done?

in the supreme court

precedent

example made in previous court rulings

senatorial courtesy

give prominence to senators from particular state from which the judge will work

Litmus test

see if potential judge appointment has similar ideology or issue stances

Strict Construction

direct words of constitution, more likely to stand by precedent and original intent

Activist Judge

living constitution, interpret based on modern times, more likely to overturn president

Court-packing

FDR wanted to replace judges over a certain age limit in order to get his New Deal ideas approved

who increases the number of supreme court justices

congress

Federalist 78

• lifetime term with good behavior necessary for independence of branch

• judicial branch least dangerous

• lifetime prohibits bias

• judicial job to interpret laws

standing

authority to bring up a case

Two types of cases the supreme court is required to hear (OG Jurisdiction)

• ones that deal with diplomats of other countries

• disputes between two or more states

brief

legal argument; summary of case and reason for appeal

rule of four

four judges must want to review the case

writ of certiorar

directs lower courts to send records

Number of supreme court justices

9

Most likely outcome in supreme court

9-0

Why is there vacancies in SC?

death, impeached and convicted, and retirement

oral arguments

cases the supreme court takes on; duration 1 to 2 hours and after the final decision is ruled

Opinions of the court

majority, concurring, dissenting and unanimous

majority decision

the decision of the court with reason (sets precedent)

concurring decision

agrees with the majority for different reasons

dissenting

disagrees with the majority

unamimous

all judges agree

super-precedent

so powerful that there can be no argument that overturns it

ways to change supreme court case

1. constitutional amendment

2. overturning with another case

Stare decisis

“let the decision stand”

Activism in supreme court

judges are more likely to overturn precedent in attempt to adapt constitution to modern times

Rise of Activism

increased overtime because government is more involved today than ever

What happens after a decision is decided ?

executive in charge of enforcing law (not required)

Interest groups main tactic in judicial branch

litigation

litigation

bringing cases to court

class-action lawsuit

a case that can benefit or hold standing with other similar incidents

amicus curiae brief

written by groups not involved in the cas e

Another tactic of interest groups

lobbying during appointments

Executive Checks on Judicial Branch

• enforce decisions or ignore

• appoint federal judges

Legislative Checks on Judicial branch

• impeachment process (accuse and convict)

• appoints approved by senate

• set number of judges

• propose a constitutional amendment

• alter laws to make constitutional

• creates inferior courts

• responsible for potential change of jurisdiction of federal courts