The Judiciary Branch - PSC 1387 Lesson Two

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Vocabulary-focused flashcards covering key terms and concepts from the lecture notes on the U.S. judiciary system, jurisdiction, court structure, and related procedures.

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51 Terms

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Judiciary

Branch of government responsible for interpreting laws; described by Hamilton as the least dangerous to political rights.

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Subject matter jurisdiction

Federal consideration of a case due to claims arising under the Constitution, federal laws, treaties, or maritime law.

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Parties (federal jurisdiction)

Grounds for federal consideration based on who is involved: U.S., a state, citizens of different states, or foreign representatives.

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Jurisdiction

The court's authority to hear and decide a case.

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Original jurisdiction

Authority to be the first court to hear and decide a case.

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Precedent

Previous caselaw that supports a current finding and relates to the case.

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Reversed

Higher court overturns the lower court’s ruling.

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Remand

Sends the case back to the lower court to make a judgment consistent with the upper court’s ruling.

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Affirmed

Appellate court rules in favor of the lower court’s holding.

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Plaintiff

Party filing a petition against another party in a civil case.

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Prosecutor

Government party filing criminal charges against a party.

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Respondent

Party being sued in a civil case.

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Defendant

Party being accused of a crime.

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Civil cases

Cases filed by people seeking civil remedies.

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Criminal cases

Cases filed by the government charging a party with a crime.

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Article III

Constitutional provision establishing the Supreme Court and authorizing Congress to create lower courts; defines types of cases the Court can hear.

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SCOTUS

The Supreme Court; highest court in the United States.

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Original jurisdiction (SCOTUS)

SCOTUS authority over cases involving ambassadors, public ministers, consuls, or states as a party.

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Appellate jurisdiction (SCOTUS)

SCOTUS authority to review decisions of lower federal courts.

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Federal Question Jurisdiction

Cases arising under the Constitution, federal laws, and treaties.

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Diversity Jurisdiction

Controversies between citizens of different states (often with a monetary threshold).

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Admiralty and Maritime Jurisdiction

Jurisdiction over cases involving admiralty and maritime law.

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Three-judge district court panel

Ad hoc panel of three district judges (often including at least one appellate judge) used in certain cases.

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Writ of mandamus

Court order directing a public official to perform a task; later deemed unconstitutional in Marbury v. Madison.

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Legislative courts

Courts created by Congress to provide technical expertise; judges have fixed, overlapping terms.

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Constitutional courts

Courts established by the Constitution (and Congress) with lifetime judges; includes district courts, courts of appeals, and SCOTUS.

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U.S. District Courts

Main trial courts; 94 districts; hear federal question or diversity; original jurisdiction; bench or jury trials.

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Appellate Courts

Courts that review the law applied by lower courts; typically panels of judges; can uphold, remand, or order retrial.

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U.S. Court of Appeals

Intermediate appellate courts; hear cases from district courts within each circuit; en banc option.

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U.S. Court of Appeals for the Federal Circuit

Specialized circuit (created in 1982) for appeals involving foreign trade, monetary claims against the government, trademarks, and patents.

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SCOTUS (structure)

1 Chief Justice, 8 associate justices; lifetime appointments; nominated by the president and confirmed by Senate.

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Writ of certiorari

SCOTUS order to a lower court to send up a case for review; requires 4 justices; discretionary.

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Standing

A plaintiff must show actual or imminent injury in fact caused by the defendant and redressable relief.

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Ripeness

Harm must be proven or imminent for a case to be heard.

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Mootness

A controversy ceases to exist during litigation; exceptions apply in certain repeatable or class-action contexts.

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Ashwander Rules

Principles limiting advisory opinions and premature constitutional rulings; avoid unnecessary constitutional questions.

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Political Question Doctrine

Cases better decided by other branches of government; the Court declines to hear.

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Senatorial Courtesy

Nominator defers to home-state senators for federal district court nominees; involves blue slips.

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Blue Slip

Senate Judiciary Chair sends blue slips to home-state senators; non-return signals difficulty or dropping of nomination.

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ABA ratings

American Bar Association ratings for nominees: Well Qualified, Qualified, Not Qualified.

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Senate confirmation

Final Senate vote to confirm a judicial nominee after hearings.

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Appointment for life

Federal judges typically serve lifetime terms, subject to good behavior.

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Good behavior

Condition for lifetime tenure for federal judges.

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Judicial Selection Variables

Factors in selecting nominees: qualifications, representational considerations, doctrinal views, and other factors like race, gender, faith.

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D.C. Circuit

Federal appeals court specializing in administrative/regulatory law; several justices originated there.

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Lilly Ledbetter Act (2009)

Congressional change illustrating how laws can influence or respond to judicial interpretations.

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Court examples (Legislative vs Constitutional)

Legislative courts: specialized, fixed terms (e.g., Tax Court, Veterans’ Appeals, Court of Federal Claims); Constitutional courts: federal district courts, courts of appeals, and SCOTUS with lifetime judges.

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Presidential nomination and Senate confirmation

Process by which a justice is nominated by the president and confirmed by the Senate after committee consideration.

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Jurisdiction hierarchy (overview)

District courts hear facts; appellate courts review law; SCOTUS handles federal questions, diversity, and original/appellate matters.

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Circuit Courts structure

11 numbered circuits plus the District of Columbia Circuit; each hears appeals from district courts in its region.

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Judiciary Act of 1789

Established three layers of federal courts: Supreme Court, circuit courts, and district courts; initiated writs of mandamus issue rules.