AP Government: Judicial Branch

concurring opinion

a signed opinion that one or members agree with the majority view but for different reasons

judicial review

the power of courts to declare laws unconstitutional

Rule of Four

if four justices of the nine have to agree that a case is "worthy", they can make a writ of cert for a case

writ of certiorari

an order by a higher court directing a lower court to send up a case for review; "to make more certain"

impeachment

Congress can do this to remove judges who are without "good behavior"

Stare decisis

allows the prior rulings to control the current case, "let the decisions stand"

dissenting opnion

a signed opinion in which one or more justices disagree with the majority view

judicial restraint (strict constructionist)

a view that judges should decide cases strictly on the basis of the language of the laws and the Constitution despite it upsetting their personal beliefs

appeal

presenting a case again if you are unhappy with your trial, related to its fairness

defendant

the party on trial defending themselves from the charges

District Court

trial court in the federal justice system, 94 of these

Supreme Court

9 justices have life appointments; final say on any legal matters that come to them. Small caseload since writing of opinions takes a long time. But can have quick decisions on things like stay of execution or requests for a lower court to retry a case.

criminal law

government is the plaintiff, bring charges against citizens for violations of the law

civil law

"dispute" law

disputes between two parties over disagreements or "injury"

original jurisdiction

legal right that a court has to receive a case first. i.e. Supreme Court has original jurisdiction when states sue other states and cases involving high-level diplomats

jurisdiction

determines which courts can hear certain types of cases; federal, state, and local courts have certain authority to hear certain types of cases

judicial activism

view that the Constitution is flexible and alive. Courts are called to settle disputes and use judicial review and should do so actively and without restraint

plaintiff

the one bringing a case to court; bringing the charges against someone else

appeals court

no original jurisdiction, country has 12 federal circuit courts of appeals and 1 Special Appeals court. This is a panel of 3-5 justices. Ours is in Cincinnati

Marbury v. Madison

long, boring case dealing with political appointments, Marshall claimed they didn't have jurisdiction. Made clear the concept of judicial review, that it is a power of the courts

What is the biggest factor in how a federal court (actually most state courts, too) decides a case?

Prior cases/precedence/Stare decisis

The Supreme Court is not just an appeals court. Two examples of original jurisdiction include:

state suing another state

cases involving ambassadors

Can Congress change the Supreme Court's original jurisdiction?

No

Can Congress change the number of justices on the Supreme Court?

Yes

What is the process for nomination of a federal judge?

Presidential nomination, Senate approval by majority vote

How does a case under state jurisdiction make it to the Supreme Court?

appealed out of the highest state court, often deals with a constitutional issue (standing)

Congress has these checks on the judicial branch:

Senate approval for judicial nominees; impeachment; can change structure; jurisdiction (to some extent); number of Justices; amend the Constitution

President has these checks on the judicial branch:

nomination process and refusal to enforce judgments

The Courts have these checks on Congress / the President / Executive Branch:

judicial review

Why do federal judges have life tenure and protected salaries?

protects them from popular passions and congressional/presidential political pressure

Describe the main role of Federal Appeals court

appellate court for the federal courts

Describe the main role of US Supreme Court

some original jurisdiction, mostly appellate=final umpire over serious constitutional disputes

appellate jurisdiction

The authority of a court to review decisions made by lower courts (2nd time case is heard)

writ of certiorari

A formal writ used to bring a case before the Supreme Court.

Precedent (stare decisis)

a legal norm established in court cases that is then applied to future cases dealing with the same legal questions

stare decisis

Let the decision stand; decisions are based on precedents from previous cases

majority opinion

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

holding

the court's decision

strict constructionist

a person who interprets the Constitution in a way that allows the federal government to take only those actions the Constitution specifically says it can take

Loose Constructionist

A person who interprets the Constitution in a way that allows the federal government to take actions that the constitution does not specifically forbid it from taking (consider changing times when interpreting the Constitution)

Class action lawsuit

lawsuit brought on behalf of a class of people against a defendant, e.g., lawsuits brought by those who have suffered from smoking against tobacco companies.

Petitioner

a person who makes a formal application to a court for a writ, judicial action in a suit, etc. (petitioning higher court for an appeal)

Respondent

One responsible for defending the original court's decision against appeal

Borked

a judicial nominee who is rejected due to being ideologically extreme

Attorney General

the head of the department of justice in the executive branch