Unit 2 Judiciary: How Courts Shape Policy and Check Power

Article III

The part of the U.S. Constitution that establishes the judicial branch, creates the Supreme Court, and allows Congress to create lower (“inferior”) federal courts.

Case or controversy requirement

The rule that federal courts may only decide real, live legal disputes between parties with something at stake (not give advisory opinions or hunt for problems to fix).

Checks and balances (judiciary)

The judiciary checks Congress and the president by declaring laws/executive actions unconstitutional, while Congress and the president check courts through jurisdiction/structure, confirmations, appointments, and (rarely) constitutional amendments.

Dual court system

The U.S. system in which federal courts and state courts operate side by side, intersecting mainly on federal law/constitutional issues or certain cross-state disputes.

Diversity jurisdiction

Federal court jurisdiction over certain cases between parties from different states when the amount in controversy is high enough to meet the federal threshold.

U.S. District Courts

The federal trial courts where most federal cases begin; they determine facts, apply law to those facts, and issue verdicts and remedies/sentences.

U.S. Courts of Appeals (Circuit Courts)

Intermediate federal appellate courts that review district court decisions for legal or procedural error; they generally do not hear new evidence.

Precedent

A legal rule established by a court decision that guides later cases; appellate precedent binds lower courts within the same circuit unless the Supreme Court changes it.

Circuit split

A conflict that occurs when different federal courts of appeals interpret the same law or constitutional issue differently, often prompting Supreme Court review.

Selective docket

The Supreme Court practice of choosing only a small number of cases to hear, typically focusing on major constitutional questions, circuit splits, or issues of national importance.

Jurisdiction

A court’s authority to hear and decide a case (including whether a case can start there or only be reviewed there).

Original jurisdiction

The power of a court to hear a case first (the case begins in that court); the Supreme Court has limited original jurisdiction (e.g., some disputes involving states or ambassadors).

Appellate jurisdiction

The power of a court to review decisions made by lower courts; most Supreme Court work is appellate review.

Writ of certiorari

A request that the Supreme Court review a lower court decision; most cases reach the Court through petitions for cert.

Rule of Four

The informal Supreme Court rule that certiorari is granted if at least four justices vote to hear the case.

Judicial independence

The ability of judges to decide cases without fear of political retaliation, supported by life tenure during “good behavior” and protection from easy removal.

Judicial review

The power of courts to declare laws or government actions unconstitutional when deciding an actual case, making the unconstitutional rule invalid/unenforceable.

Marbury v. Madison (1803)

The landmark Supreme Court case that established judicial review by holding that the Constitution is supreme law and courts can strike down federal laws that conflict with it.

Standing

A justiciability requirement that a plaintiff show a concrete injury (or imminent harm) caused by the defendant and likely to be remedied by a court decision.

Ripeness

A justiciability requirement that a dispute be ready for judicial review, not speculative, premature, or dependent on uncertain future events.

Mootness

A justiciability doctrine requiring that a case remain a live controversy; if events resolve the issue, courts often dismiss the case as moot.

Political question doctrine

The principle that courts may refuse to decide certain issues viewed as constitutionally committed to elected branches (e.g., some foreign policy or impeachment-related questions).

Judicial restraint

An interpretive approach emphasizing deference to elected branches and caution in striking down laws unless they clearly violate the Constitution.

Judicial activism

An interpretive approach in which judges are more willing to strike down laws or government actions that violate constitutional principles, including to protect rights.

Majority opinion

The official Court opinion joined by a majority of justices; it states the ruling and reasoning and becomes binding precedent.