Law and Politics (2026 Fall)

Law (definition)

A social norm the infraction of which is sanctioned in threat or in fact by the application of physical force by a party possessing the socially recognized privilege of so acting. Three elements: force, official authority, and regularity.

Stare Decisis

The common law doctrine requiring courts to follow prior judicial decisions and precedents when ruling on similar cases, providing regularity and predictability in the law.

Sources of Law

Law in the US derives from multiple sources: constitutions, acts of legislative bodies, decisions of quasi-legislative/quasi-judicial bodies, orders/rulings of political executives, and judicial decisions.

Statutory Law

Law enacted by a legislative body (Congress, state legislature, city council) in written form, addressed to the needs of society.

Common Law

A compilation of traditions, principles, and legal practices handed down from one generation of lawyers and judges to the next, sometimes called 'unwritten law,' though much exists in written court decisions.

Civil Law vs. Criminal Law

Civil law deals with disagreements between individuals (e.g., property disputes, contracts). Criminal law pertains to offenses against the state itself—actions deemed offensive to society, punishable by fines or imprisonment.

Equity

A legal remedy in which a judge can issue orders to prevent or cure a wrong, rather than being limited to financial compensation as in law. Provides judicial flexibility.

Constitutional Law

The compilation of all court rulings on the meaning of words, phrases, and clauses in the US Constitution. The Supreme Court has the final say on questions of constitutional law.

Police Power

The legitimate right of the states, derived from the Tenth Amendment, to provide for the health, welfare, safety, and morals of their citizens.

Administrative Law

The decisions and regulations set forth by administrative agencies of the government (e.g., SEC, city health departments) that oversee implementation of specific legislative mandates.

Civil Disobedience

The deliberate, public, nonviolent refusal to obey a law considered unjust, with willingness to accept legal consequences, as a means to change the system.

Litigious Society

A society in which citizens readily look to the courts to redress grievances. The US files approximately one lawsuit for every twenty adults, with an annual cost estimated at $239 billion.

Rule 11 (Federal Rules of Civil Procedure)

A rule forbidding the filing of worthless or frivolous petitions in federal court. Strengthened in 1983, it authorizes trial judges to impose sanctions for filing frivolous suits.

Dual Court System

The US judiciary features a dual system: each level of government (state and national) has its own separate set of courts. Some problems are resolved in state courts, others in federal courts, and some receive attention from both.

Article III of the Constitution

Establishes the judicial branch: 'The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.' A compromise between nationalists and states' rights advocates.

Judiciary Act of 1789

The first major act of the new Congress, establishing a Supreme Court (chief justice + five associates), three circuit courts, and thirteen district courts. Immediately exercised Congress's power to create inferior courts.

Judicial Review

The power of courts to review and determine the constitutionality of acts of Congress and state legislatures. Established by the Supreme Court in Marbury v. Madison (1803), not explicitly stated in the Constitution.

Marbury v. Madison (1803)

The landmark case in which Chief Justice Marshall established the principle of judicial review—the Supreme Court's power to declare an act of Congress unconstitutional.

Original Jurisdiction

The power of a court to hear a case for the first time. The Supreme Court has original jurisdiction in cases between states and cases involving ambassadors.

Appellate Jurisdiction

The authority of a higher court to review cases originally decided by a lower court. The Supreme Court is primarily an appellate court.

Writ of Certiorari

A discretionary order issued by the Supreme Court to a lower court demanding the complete record of a case for review. Requires at least four justices to agree (the 'rule of four'). Denial leaves the lower court decision standing.

Seriatim Opinions

The pre-Marshall practice of each Supreme Court justice writing a separate opinion in major cases, rather than issuing a single unified opinion for the Court.

Concurring Opinion

An opinion written by a justice who agrees with the Court's decision but for different legal reasons.

Dissenting Opinion

An opinion written by a justice who disagrees with the Court's majority decision.

Per Curiam Opinion

An unsigned opinion of the court, usually brief, often used when the Court decides a case without full treatment or oral argument.

Shadow Docket

The ever-increasing practice of presidential administrations seeking emergency relief from the Supreme Court, often bypassing federal appeals courts to block or undo district court decisions.

En Banc Proceedings

A procedure in which all judges of a circuit (rather than the usual three-judge panel) sit together to decide a case. Used to resolve conflicts between panels or for cases of extraordinary importance.

Constitutional Courts vs. Legislative Courts

Constitutional courts are established under Article III (Supreme Court, courts of appeals, district courts) with life-tenured judges. Legislative courts are created under Article I with judges who may have fixed terms and no salary protections.

US Magistrate Judges

Officers appointed by district court judges for eight-year terms to assist with increased workloads. They can conduct nonjury civil proceedings, enter judgments, and try misdemeanor cases with party consent.

Law Clerks

Staff who assist judges with research, writing, and case management. They research legal issues, prepare memoranda, draft opinions, and help screen cases. Supreme Court clerks participate in the 'cert pool.'

Administrative Office of the US Courts

Created in 1939, it functions as the judiciary's housekeeping agency, handling supply distribution, personnel records, data collection, and serving as liaison with Congress and the executive branch.

Federal Judicial Center

Created in 1967 as the federal courts' agency for continuing education and research. Conducts research, recommends improvements, and develops training programs for judicial personnel.

Jurisdiction

The authority of a court to hear and decide particular types of cases, as established by Congress and the Constitution. Includes original and appellate jurisdiction.

Federal Question Jurisdiction

District court jurisdiction over cases involving the interpretation or application of the US Constitution, acts of Congress, or US treaties. A federal question must be raised for federal courts to have jurisdiction.

Diversity of Citizenship Jurisdiction

Federal court jurisdiction over cases between citizens of different states or between a US citizen and a foreign party, where the amount in controversy exceeds $75,000.

Writ of Habeas Corpus

An order issued by a judge to determine whether a person has been lawfully imprisoned or detained. The judge demands the prison authorities either justify the detention or release the petitioner.

Concurrent Jurisdiction

A situation where two or more courts have the authority to hear the same type of case. Cases may be filed in either court.

Rule of Four

The Supreme Court practice requiring at least four of nine justices to agree before the Court will grant certiorari and hear a case.

Certification

A procedure by which a court of appeals asks the Supreme Court for instructions regarding a question of law. The justices may give binding instructions or request the entire record.

Justiciability

The question of whether judges should hear or refrain from hearing certain types of disputes—not just whether they technically have jurisdiction, but whether the matter is appropriate for judicial resolution.

Advisory Opinions

Rulings about hypothetical situations that have not caused an authentic clash between adversaries. Federal courts do not render advisory opinions; a dispute must be real and current.

Standing

The requirement that a person bringing a lawsuit must have suffered (or be immediately about to suffer) a direct and significant injury. A litigant generally cannot bring a claim on behalf of others.

Mootness

A case becomes moot when the basic facts or the status of the parties has significantly changed between filing and adjudication, making the dispute no longer live.

Political Question Doctrine

The principle that certain issues are properly resolved by the legislative or executive branches, not the judiciary. Courts decline to decide matters better suited for 'the ballot box, legislative halls, or chambers of the executive.'

Exhaustion of Remedies

The principle that courts will not accept a case until all other remedies, both legal and administrative, have been exhausted. Cases must work their way up the judicial ladder.

Burden of Proof (Constitutionality)

The general principle that an individual challenging the constitutionality of a statute bears the burden of proof. Laws and official deeds are presumed legal unless proven otherwise by a preponderance of evidence.

Statutory Invalidation

A judge overturns an official's action because the official acted beyond the authority delegated by the law, saving the law itself while nullifying the specific misdeed.

Ex Parte McCardle (1869)

A case demonstrating Congress's power over federal court jurisdiction. While the Supreme Court was deciding McCardle's habeas corpus appeal, Congress repealed the statute granting appellate jurisdiction, and the Court dismissed for want of jurisdiction.

Clearly Erroneous Rule

An exception to the general principle that appellate courts defer to trial courts on factual questions. Appellate courts will review facts if the trial court's determination was obviously and utterly wrong.

Senatorial Courtesy

An informal tradition in which the president consults with senators from the state where a federal judicial vacancy exists, particularly if those senators are of the president's party. Failure to consult can lead to the Senate blocking the nomination.

Blue Slip

A practice of the Senate Judiciary Committee in which each home-state senator is sent a blue slip to return indicating approval or disapproval of a judicial nominee. Historically, a negative blue slip could prevent a hearing.

Senate Judiciary Committee

The Senate committee that holds hearings on and votes on judicial nominees before they proceed to the full Senate for confirmation. A key gatekeeper in the judicial selection process.

American Bar Association (ABA) Ratings

The ABA's Standing Committee on the Federal Judiciary evaluates nominees as 'Well Qualified,' 'Qualified,' or 'Not Qualified' based on professional competence, integrity, and judicial temperament.

Federalist Society

A conservative legal organization that has played an increasingly influential role in identifying and vetting potential federal judicial nominees for Republican presidents.

Judicial Socialization

The largely informal process by which new federal judges learn the norms, expectations, and behaviors appropriate to their new role. Includes orientation programs, mentoring by senior judges, and on-the-job learning.

Lifetime Tenure (Article III)

Article III judges serve 'during good Behaviour,' which effectively means for life. They can be removed only through impeachment by the House and conviction by the Senate. Salary cannot be reduced while in office.

Impeachment of Federal Judges

The constitutional process for removing federal judges: the House of Representatives impeaches (brings charges), and the Senate tries the case. Conviction requires a two-thirds vote.

Judicial Conduct and Disability Act of 1980

Legislation that allows complaints to be filed against federal judges for conduct prejudicial to the effective administration of the business of the courts or for disability. Handled by judicial councils within each circuit.

Nuclear Option (Senate)

The Senate procedure of changing the rules to allow judicial nominees (and later Supreme Court nominees) to be confirmed by a simple majority (51 votes) rather than the traditional 60-vote threshold needed to overcome a filibuster.

Filibuster (Judicial Nominations)

A Senate procedure allowing extended debate to delay or block a vote on a judicial nomination. Historically required 60 votes to invoke cloture and end debate.

Policy Link (President-Judiciary)

The connection between a president's policy values and the decisional propensities of the federal judges they appoint. Presidents who prioritize ideological compatibility can shape judicial output for decades.

Ideologically Based Appointments

The practice of presidents selecting judicial nominees based on compatibility with the president's own political and legal philosophy, rather than mere party loyalty.

Number of Vacancies

A key factor in presidential impact on the judiciary. Depends on inherited vacancies, deaths/resignations, length of service, and whether Congress creates new judgeships.

President's Political Clout

The scope and degree of presidential skill in overcoming political obstacles to judicial appointments, including Senate dynamics, personal popularity, and ability to negotiate.

Judicial Climate

The existing ideological composition of the courts that new judges enter. A president's appointees may be outnumbered or surrounded by judges appointed by predecessors with different philosophies.