Chapter 9: The Judiciary in American Government

Judiciary Branch

The primary role of the judiciary branch is to interpret the law.

Dual System of Authority

American courts exist under a dual system of authority: Federal courts interpret federal laws and State courts interpret state laws.

Powers of the Judicial Branch

The major duties of the judicial branch include interpreting federal and state laws, settling legal disputes, punishing violators of the law, hearing civil cases, protecting individual rights granted by the federal and state constitution, determining the guilt or innocence of those accused of violating the criminal laws, and acting as a check upon the legislative and executive branches of state government.

Public Law

Law in which the government is a party to the case, studying the relationships between government and individuals or between governments.

Private Law

A type of law concerned with disputes between individuals.

Constitutional Law

The type of law pertaining to the rules for our government expressed in the Constitution, concerned with issues such as the separation of power, federalism, civil rights and civil liberties.

Statutory Law

Law pertaining to the rules made by legislatures, especially Congress.

Administrative Law

Law pertaining to the rules made by bureaucrats and administrative agencies which are not directly accountable to the public.

Criminal Law

Law that pertains to violation of a code of behavior specified in local, state, and federal statutes.

Civil Law

A type of law that pertains to a dispute between two parties, at least one of which is a nongovernmental private party.

Federal Jurisdiction in Criminal Law

In criminal law, federal jurisdiction involves accusations of breaking federal statutes such as abetting international terrorists, counterfeiting, kidnapping across state lines, and committing crimes on federal property.

Federal Civil Law

Federal civil law includes cases where both plaintiff and defendant are from different states and the value of the suit is more than $75,000.

Creation of Federal Courts

Article 3 of the Constitution creates the Supreme Court and mandates Congress to establish other inferior courts as may be necessary.

Judiciary Act of 1789

Congress passed the Judiciary Act which created a three-tiered structure consisting of US District Courts, U.S. Circuit Court of Appeals, and the US Supreme Court, with each performing distinct functions.

Federal Courts

Federal courts interpret federal laws.

State Courts

State courts interpret state laws.

Legal Disputes

Settling legal disputes is one of the major duties of the judicial branch.

Individual Rights Protection

The judicial branch protects individual rights granted by the federal and state constitution.

Guilt Determination

The judicial branch determines the guilt or innocence of those accused of violating criminal laws.

Check on Government

The judicial branch acts as a check upon the legislative and executive branches of state government.

Three-Tiered Structure

The three-tiered structure of federal courts consists of US District Courts, U.S. Circuit Court of Appeals, and the US Supreme Court.

US District Courts

The federal trial courts for both criminal and civil cases, with 94 district courts serving as fact-finding courts.

US Circuit Courts of Appeals

Courts that review legal questions arising from district courts' rulings on specific cases, typically by a panel of three judges.

Judicial Review

The power of a court to overturn a law or official government action because it is deemed unconstitutional, established in Marbury v. Madison, 1803.

Judicial Restraint

A conception of judicial review that believes courts should not overturn laws or government actions unless there is a clear directive in the Constitution.

Judicial Activism

A conception of judicial review that believes courts should overturn laws or government actions even if there is no clear constitutional directive.

Original Intent

The belief that the Constitution should be interpreted only according to the intent of the authors.

Living Constitution

The belief that the Constitution should be interpreted to reflect contemporary times.

Jurisdiction of the Supreme Court - Original

A defined set of cases that avoids a lower court and goes directly to the Supreme Court, involving cases with ambassadors or two states with a federal question.

Jurisdiction of the Supreme Court - Appellate

Involves cases in which the Supreme Court reviews legal issues decided by a lower court.

Civil Rights Examples

Judicial review has been important in advancing civil rights, as seen in Guinn and Beal v. United States, 1915, and Brown v. Board of Education, 1954.

Limitations on Judicial Authority

Limitations can be imposed by lack of enforcement of court decisions, constitutional amendments, or statutes passed by Congress.

Dred Scott v. Sandford

An infamous Supreme Court decision that led to the passage of the 14th Amendment.

Civil Rights Act of 1991

A law passed in reaction to the Supreme Court decision in Wards Cove Packing, Inc. v. Atonio, placing the burden of proof on the employer to show nondiscriminatory hiring practices.

Geographical Circuits of US

The US is divided into eleven geographical circuits with 13 Appeal courts including Washington DC.

Federal Court

A court that handles customs and patent cases.

Panel of Judges

Appeals in the US Circuit Courts of Appeals are usually done by a panel of three judges.

Supreme Court

The highest court in the US, which hears cases of appeals from both the US circuit courts of appeals and from State supreme courts.

Enforcement of Court Decisions

The enforcement of court decisions can be limited by other branches of government, particularly the executive branch.

Worcester v. Georgia

A Supreme Court case where President Andrew Jackson refused to enforce the decision that protected the Cherokee Nation.

Integration of Public Schools

The deployment of military by Presidents Dwight Eisenhower and John Kennedy to enforce federal court orders to integrate public schools in the South.

Burden of Proof

In Wards Cove Packing, Inc. v. Atonio, the plaintiff needed to prove that the employer intended to discriminate.

15th Amendment Violation

In Guinn and Beal v. United States, 1915, the grandfather clause violated the 15th amendment.

Separate but Equal

The doctrine overturned by Brown v. Board of Education, 1954.

Justiciable

The requirement that there must be an actual case or controversy between two parties for the federal judiciary to decide a case.

Standing

An aspect of justiciability that requires the party bringing the case to show that the policy in question has caused it an injury.

Mootness

An aspect of justiciability that requires that the conflict causing the case must still be germane; it could not have resolved itself on its own.

Precedent

A principle articulated in a previous case that judges use to decide current cases.

Senatorial courtesy

The practice whereby a president consults with senators in his party to find potential lower court vacancies that occur in the senators' states.

Writ of certiorari

A formal legal document filed by the losing party in a lower court case that asks the SC to hear an appeal.

Rule of Four

It requires that 4 of the nine justices must agree to grant certiorari.

Briefs

Written legal arguments which the lawyers to the case which has been granted certiorari must submit to the SC.

Amicus curiae

Briefs filed by parties that have interest in the outcome of a case but are not directly involved in it.

Oral argument

The SC grants oral arguments to the lawyers on behalf of their clients.

Conference

The Chief Justice presides over the conference where the justices discuss the case and vote.

Majority opinion

The opinion reflecting the winning outcome of a SC case that is signed by at least a plurality of the justices.

Concurring opinion

An opinion that agrees with the outcome of a SC case but for reasons different from those expressed in the majority opinion.

Dissenting opinion

An opinion that disagrees with the winning side of a SC case and explains why.

Solicitor General

A high-ranking lawyer in the justice Department who argues cases before the SC on behalf of the US government.

Interest group litigation

The practice of interest groups arguing cases before the judiciary as a means of influencing public policy.

Administrative law

A body of law that regulates the operation and procedures of government agencies.

Amicus Curae

A brief submitted by a person or group not party to a case, offering information or arguments relevant to the case.

Appellate jurisdiction

The authority of a court to review decisions made by lower courts.

Civil law

The body of law dealing with the rights of private citizens.

Constitutional law

Law that involves the interpretation and application of the Constitution.

Criminal law

The body of law that relates to crime and punishment.

Judicial restraint

The principle that courts should not interfere with the decisions of the legislative and executive branches.

Judicial review

The power of courts to assess whether a law is in compliance with the Constitution.

Living Constitution

The idea that the Constitution is a dynamic document that should be interpreted in light of contemporary values.

Original intent

The belief that the Constitution should be interpreted based on the intentions of the framers.

Original jurisdiction

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

Private law

Law that governs relationships between individuals.

Public law

Law that governs the relationship between individuals and the government.

Statutory law

Written laws enacted by a legislative body.

Standing

The legal right to initiate a lawsuit.

Mootness

A doctrine that a case is no longer relevant or applicable.