U.S. Govern. Topic 7 & 8

Judicial review

The power to declare laws or executive actions unconstitutional

What are juries?

a body of people (typically 12) who are sworn to give a verdict in a legal case on the basis of evidence submitted to them in court

Jurisdiction

The authority of a court to hear a case

Exclusive Jurisdiction

a court has sole authority to hear a case

Concurrent Jurisdiction

Power shared by the federal and state courts to hear certain cases

Original Jurisdiction

a court where the case must be heard first

Appellate Jurisdiction

a court that hears an appeal of a case decided by a lower court

Judicial Branch

The national system of courts that interpret and apply Federal Law

(Individual states each have their own state court system and these state courts hear most of the nation’s cases)

What areas does the Supreme Court have original jurisdiction?

Under Article III, Section 2 of the U.S. Constitution, the Supreme Court has original jurisdiction. Cases can start directly in the Supreme Court rather than being appealed from a lower court-in a very limited set of cases

Checks and Balanced

• Congress can pass a new law which follows the Constitution

• President can issue a new executive action which follows the Constitution

• Congress and the states may amend the Constitution

• The Supreme Court may change its mind

• Justices may be impeached

Free Exercise Clause

The second part of the Constitutional guarantee of religious freedom; guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion

Brown v. Board of Education

• violated the 14th amendment

• Overturned the Plessy v. Ferguson landmark case, had allowed separate but equal facilities

• Marked the beginning of the end of legal segregation in the U.S.

• Key concept: equal protection clause of the 14th amendment-requires all citizens be treated equally under the law

4th Amendment

No illegal searches and seizures (of your home or belongings)

What article established the Judicial Branch?

Article III

What type of court system did the Constitution establish?

The Constitution established a Dual Court System with 2 types of Federal Courts

What are the two types of Federal Courts?

1. Supreme Court

2. Inferior Court

What are two types of Inferior Courts?

1. Constitutional Courts

2. Legislative or Special Courts

How many federal districts are in the U.S.?

The 50 states are divided into 89 Federal Districts, with at least one court in each state, but 94 in total

What are 5 other District Courts that aren’t included in the 89 District Courts?

Washington D.C., Puerto Rico, Virgin Islands, Guam, and Mariner Islands

What do District Courts hear?

They hear criminal cases (cases where the defendant is charged with a Federal crime) and civil cases (non-criminal cases that involve a dispute between two parties like trademark infringement)

How many circuits are in the U.S.?

The 94 districts are divided into 12 circuits, each with a Court of Appeal plus 1

• in total 13 circuit courts

Who is the Supreme Court named after?

The U.S. Supreme Court itself isn’t named after any person, it’s called the Supreme Court of the United States (SCOTUS)

What is the 13th Court of Appeal?

The Court of Appeals for the Federal Circuit

Judiciary Act of 1789

Established the structure and jurisdiction of the Federal Court System which remains largely intact today

Judicial Restraint

Judges decide cases based on the original intent of the Constitution, statue, or precedent

Judicial Activism

Judges interpret law based on changing conditions and values

How many Supreme Court justices are there?

9 Supreme Court Justices (since 1869)

• the number is set by Congress

How are justices decided?

They are decided by the President and confirmed by the Senate

How long do justices serve?

For life and may only leave by death, retirement, or impeachment

What are the constitutional requirements to be a Supreme Court Justice?

There are none

Chief Justice John Marshall (Chief Justice 1801-1835)

Was instrumental in establishing the power of Judicial Review for the Supreme Court

Write of Certiorari

(Latin for “to be more fully informed”)

• the Justices decide which cases they will hear by “the rule of four,” at least four of the nine justices must agree to grant this

Certificate

When a lower court asks the Supreme Court to clarify a procedure or rule of law in order to help them decide a case

One of the major weaknesses of the Articles of Confederation

there was no national court or judiciary

The Constitutional Courts hear…

• a wide range of civil and criminal cases that involve Federal Laws

• Disputes between states

• Disputes between residents of different states

Judiciary Act of 1891

Created the Courts of Appeals to relieve the Supreme Court’s caseload

The Supreme Court only hears what number of cases?

80 out of the approximately 8,000 cases which are appealed to it each year

• Justices usually take cases that are important to U.S. society

After the Justices decide to hear a case…

The lower court records are sent up and the opposing attorneys write briefs defending their position

Amicus Curiae

“Friend of the court”

• the court can receive briefs from people or groups not involved in the specific case, but who have a strong interest in the matter

How are the briefs from the “friend of the court” submitted?

Only with the Court’s permission and are written to influence the Court’s decision

The Solicitor General

Principal officer in the Department of Justice who represents the Federal government before the Supreme Court

Opinion or Majority Opinion

The decision or ruling of the court supported by a majority of the Justices which explains their reasoning

Concurring Opinion

Written by Justice (s) who agrees with the majority decision, but for different or additional reasons

Dissenting Opinion

Written by Justice (s) who disagrees with the majority decision and why they disagree