Judicial Branch/ Civil Rights & Liberties Review

Role of Judicial Branch

Interpret laws

Federal Judge Selection Process

Nominated by President, confirmed by the Senate

Term for Federal Judges

Life

Rule of Four

At least four justices of the Supreme Court must vote to consider a case before it can be heard

Judicial Review

The power of the Supreme Court to declare laws or actions of the executive unconstitutional

Number of Justices on the Supreme Court

Nine

Majority Opinion/Opinion of the Court

A signed opinion of a majority of Supreme Court Justices (at least 5/9) that determines the holding and rationale in a case.

Plaintiff and Defendant

The plaintiff in either a civil or criminal case initiates the case by bring the complaint. The defendant responds to or defends against the complaint.

Writ of Certiorari

An order by a higher court (the Supreme Court) directing a lower court (usually Appellate Court) to send up a case for review

Oral Arguments

The stage in Supreme Court proceedings in which attorneys for both sides appear before the Court to present their positions and answer questions posed by the justices.

Briefs

Written documents in which attorneys explain, using case precedents, why the court should find in favor of their client

Original Jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

Appellate Jurisdiction

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

Article III of the Constitution

Establishes the Judicial Branch by creating the Supreme Court and allowing Congress to establish lower courts.

Amendment

A formal change to the Constitution - there have currently been 27 formal amendments to the Constitution.

Brown v. Board of Education (1954)

Unanimously held that the racial segregation of children in public schools violated the Equal Protection Clause of the 14th Amendment. Brown claimed that Topeka's racial segregation violated the Constitution's Equal Protection Clause because the city's black and white schools were not equal to each other and never could be. Overruled Plessy v. Ferguson's "separate but equal" doctrine and would eventually led to the desegregation of schools across the South.

Marbury v. Madison (1803)

Supreme Court case that deemed part of the Judiciary Act of 1789 unconstitutional, thereby establishing the Constitutional principle of Judicial Review.

Miranda v. Arizona (1966)

A Supreme Court Decision which ruled that those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent.

Roe v. Wade (1973)

The Supreme Court found that a woman's right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the Fourteenth Amendment.

Tinker v. Des Moines (1969)

The Supreme Court held that the armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it. The Court also held that the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property.

Bill of Rights (1791)

The first ten amendments to the U.S. Constitution. The amendments secure key rights for individuals and reserve to the states all powers not explicitly delegated or prohibited by the Constitution. Was originally written to check the power of the federal government in order to satisfy Anti-Federalists.

First Amendment

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Second Amendment

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Fourth Amendment

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including (among other guarantees) protection against double-jeopardy, self-incrimination, and punishment without due process of law.

Sixth Amendment

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial, and the right to trial by jury.

Eighth Amendment

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

Ninth Amendment

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

Tenth Amendment

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."

Fourteenth Amendment

the constitutional amendment adopted after the Civil War that states, "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Dissenting Opinion

A statement written by a justice who disagrees with the holding and rational contained within the majority opinion, presenting his or her opinion of the case.

Number of cases heard by the Supreme Court each year

Approximately 50-150 cases per year (averaging about 75)

Judicial Activism

Refers to the judicial philosophy that is sometimes referred to as "legislating from the bench".
Judicial activists believe that it is acceptable to rule on lawsuits in a way that leads to a preferred or desired outcome, regardless of the law as it is written

Judicial Restraint

The concept of a judge or justice not injecting his or her own preferences into legal proceedings and rulings. Judges are said to exercise judicial restraint if they are hesitant to strike down laws that are not obviously unconstitutional. Advocates of judicial restraint argue that judges do not have the authority to act as policy makers.

Amicus Curiae

Literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.