Chapter 15 AP Government

criminal law case

government charges an individual with violating specific laws

civil law case

involves a dispute between 2 parties-over a wider range of matters-includes contracts, property ownership, child custody

consists of states and common law

standing to sue

the requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained/likely to sustain a direct/ substantial injury from another party/from an action of government

class action suits

lawsuits in which a small number of people sue on behalf of all people in similar circumstances

useful-cases as varied as civil rights

justicable disputes

issues capable of being settled as a matter of law

access to lawyers-has become more equal (Legal Services Corporation)

amicus curiae briefs

legal briefs submitted by a "friend of the court" for the purpose of influencing a Court's decision by raising addition points of view and presenting information not contained in briefs of the formal parties

legislative courts

staffed by judges-fixed terms of office-lack protections against removal/salary reductions-apply body of law, cannot exercise judicial review

original jurisdiction

the jurisdiction of courts that hears a case first, usually in a trial, the court that determines the facts about a case

appellate jurisdiction

the jurisdiction of courts that hear cases brought to them on appeal from lower courts. Courts don't review factual record, only legal issues

District Courts

the 91 federal courts of go jurisdiction. they are the only federal courts in which trials are held and in which juries may be impaneled

rely on support of clerks, bail lifts, law clerks, court reporters, probation officials, US marshals

jurisdiction district courts

federal crimes, civil suits under federal law, civil suits between citizens of different states, or between a citizen and a foreign national, where the amount in question exceeds 75,000, supervision of bankruptcy proceedings, review of actions of some federal administrative agencies, admiralty and maritime law cases, supervision of the naturalization of aliens

US attorney

nominated bu president-confirmed by senate, prosecute violations of federal law and represent US

court of appeals

appellate courts empowered to review all final decisions of district courts, except in rare cases. In addition, they also hear appeals to orders of many federal regulatory agencies

have authority to review and enforce orders of many independent regulatory commissions

12 judicial circuits

us court of appeals

supreme court

pinnacle of judicial system, ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law

has original jurisdiction and appellate jurisdiction

senatorial courtesy

an unwritten tradition whereby nominations for state-level federal judicial posts are usually not confirmed if they are opposed by a senator of the president's party from the state in which the nominee will serve. the tradition also applies to courts of appeals when there is opposition from a senator of the president's party who is from nominee's state

increasing polarization

affects judicial nominations-especially Courts of Appeals-confirmations lengthy

presidents-fails 20% of the time (opponents must be able to question nominees work ethic and qualification not ideology

Justices

competence and ethical behavior, not a representative sample of US people-all lawyers, mostly white males

typically held office as a judge/prosecutor, involved in partisan politics

Characteristics of judges

women more likely to support charges of sex discrimination and sexual harassment, racial and ethnic minorities- fight for minority plaintiffs in voting rights cases, former prosectors-less sympathetic toward defendant's rights than have other justices

writ of certiorari

formal document calling up a case

major issues-civil liberties, interpretation of federal law

solicitor general

a presidential appointee and the third ranking office in the Department of Justice, in charge of the appellate court litigation of the federal government 1) divide whether to appeal cases-government lost in lower courts 2) review and modify briefs presented in government appeals 3) represent government before SC 4)submit an amicus curiae brief on behalf of a litigant in a case in which government has an interest

opinion

a statement of legal reasoning behind a judicial decision. The content of an opinion may be as important as decision decision

chief justice/senior associate writes/assigns opinion

concurring opinions

those written not only to support a majority decision-aslo to stress a different constitutional legal basis for judgment

if their is a tie-decision of lower court which case cam is sustained

stare decisis

a latin phrase meaning "let the decision stand", most cases reaching appellate courts settled on this principle

precedent

how similar cases have been decided in the past

lower courts-follow precedent's of high courts

when precedents are clear and legal doctrine is week established-legal factors-more likely to play a preeminent role in SC decision making

originalism

a view that the Constitution should be interpreted according to the original intentions or original meaning of the Framers. Many conservative support this view

original intent theory

intention of a written constitution or law should be consistent with what was meant by more who drafted it

original meaning theory

view that judges-base interpretations of a written Constitution/ las on what reasonable persons living at the time of its adoption would have declared the ordinary meaning of the text to be

judicial implementation

how and whether Court decisions are translated into actual policy, thereby affecting the behaviors of others. The Courts rely on other units of government to enforce their decisions

interpreting population

composed of lawyers and judges-reflect intent of original decision in subsequent actions

implementing population

decisions more likely to be implemented smoothly if implementation-concentrated in the hands of a few highly visible officials, such as president/ state legislatures

after Brown v Board-public schools closed

consumer population

must be aware of new found rights and stand up for them

Marbury v Madison

1803 case in which Chief Justice John Marshall and his associates first asserted-right of SC to determine meaning of US Constitution. The decision established Court's power of judicial review over acts of Congress-Judiciary Act of 1789

Warren Court

1954-held laws regulating segregation-unconstitutional, expanded rights of criminal defendants, extending right to counsel and protections against searchers

Burger Court

chosen by Nixon, conservative judge on DOC court of appeals, wouldn't overturn Miranda decision, Roe v Wade, Weber case (upheld affirmative action)

Rehnquist and Robert's Courts

conservatives dominate courts

judicial activism

an approach to decision making in which judges sometimes make bold policy decisions, even charting new constitutional ground

courts may alleviate pressing needs-unmet by political process

judicial restraint

an approach to decision making in which judges to play minimal policymaking roles and defer to legislatures whenever possible

political questions

doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between president andCongress

try to avoid deciding a case-basis of constitution-preferring less contentious "technical" grounds

statutory construction

judicial interpretation of an at of Congress. In some cases-Congress passes a new law to clarify of with detailed language

all branches of government

help define and shape constitution