Unit 2: Judicial Branch

Original Jurisdiction

The authority of a court to hear a case for the first time.

Appellate Jurisdiction

The authority of a court to review decisions appealed from lower courts. This is the second, third, fourth, etc. time the case is heard.

Constitutional Courts

Courts set up by Article III of the constitution. These courts hear cases “arising under the constitution” and applies the constitution. The judges of these courts have life tenure and their salaries cannot be reduced.

Legislative Courts

These courts hear cases arising from the powers given to Congress in Article I. (Ex. Tax court, court of military appeals) These courts serve for a specific purpose and the judges have fixed terms.

Dual Court

Similar to the concept of dual federalism. There are separate state and federal courts.

US District Courts

The trial courts of the federal court system. There are 94 district courts and they have original jurisdiction. These courts hear criminal and civil matters. Jury trials are held in these courts.

US Circuit Courts

There are 11 regional courts and they have appellate jurisdiction. They are the first level of appeal for lower court decisions.

US Supreme Court

Created by Article III if the Constitution. There are 9 justices and they have original jurisdiction in unique cases. They take appeals from circuits and top state courts.

Civil Law

Law involving two individuals or groups who can’t come to an agreement.

Criminal Law

Law involving an individual who is accused of breaking the law.

Life Tenure

Grants judges the right to hold their position for life. Helps the judges be not influenced or controlled by legislators or public opinion.

Judicial Review

A check by the judicial branch on the other branches. The judicial branch can declare laws unconstitutional. (Ex. Marbury v. Madison)

Presidential Appointment

the authority of the President of the United States to nominate individuals to key positions within the federal government. The POTUS can nominate federal court judges.

Senate Confirmation

the process by which the U.S. Senate approves or rejects presidential nominations for key government positions such as federal court judges.

Senatorial Courtesy

expects that no candidate be appointed to an official position without prior approval from the senators of the nominee’s home state

Judicial Activism

Judges should base rulings on their own opinion, the changing times, and public opinion.

Judicial Restraint

Judges limit the exercise of their own power. They are hesitant to strike down laws unless they are obviously unconstitutional.

Strict Construction

The judge follows the words and intent of the U.S. constitution.

Loose Construction

The judge interprets the U.S. constitution as a living document that changes overtime.

Living Constitution

The idea that the Constitution is constantly evolving and changing over time to meet the needs of society.

Litmus Test

A question asked of a potential candidate, the answer to which would determine whether the nominating official would proceed with the nomination. It is used to determine the political ideology of the candidate.

Amicus Curiae Brief

Included in petitions of cert. These are additional arguments from outside groups who have interest in the case. (ex. interest groups, businesses)

Rule of Four

If four justices vote to grant cert, it is granted.

Writ of Certiorari

A formal request by a higher court to review the decision of a lower court. It is often used by the Supreme Court to select cases for review. (orders lower court to send up their files)

Stare Decisis

It means “let the decision stand.” The principle that the court must follow a precedent set in an earlier case.

Precedent

a court decision that is considered an authority for deciding future cases involving identical or similar issues

Oral Arguments

part of the judicial process where attorneys present their case verbally before a court. Each lawyer speaks for 30 minutes, but can be interrupted by justice at any time

Majority Opinion

a statement that presents the views of the majority of supreme court justices regarding a case

Concurring opinion

judicial opinion agreeing with how the majority decides the case but disagreeing with at least some of the legal interpretations or conclusions reached by the majority.

dissenting opinion

judicial opinion disagreeing both with the majority's disposition of a case and with their legal interpretations and conclusions.

oversight

the effort by Congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies

Checks and balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

uphold

to maintain or support a decision or principle in a legal context.

overturn

rule against a decision; cancel officially; cause the downfall of a principle or idea

descriptive representation

when the selected officials demographically represent the people. (Ex. Based on race, gender, ethnicity, religion, or background)

Substantive representation

Selected officials advocate for interest of constituents regardless of demographic similarity.

U.S. Constitution, Article 3

sets up the judicial branch, including the Supreme Court but allows congress to set up lower courts

Federalist 78

written by Alexander Hamilton; talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions and how the judicial branch is the weakest branch of the government

Marbury v. Madison

the 1803 Supreme Court case that establishes the power of judicial review.

Checks on bureaucracy

Can rule on consitutionality of bureaucratic regulations and actions

Checks on congress

Declare a law unconstitutional

Checks on executive branch

Declare executive orders/actions unconstitutional

Powers

Interpret laws, review decisions of states and lower federal courts