Honors Civics Chapter 8 - Judicial Branch

what federal courts do

use laws to settle civil disputes, decide guilt/innocence of people accused of crimes, apply laws to facts to make decisions in favor of one side or another during a legal argument

rights everyone has in court

innocent until proven guilty, right to a public trial, right to a lawyer, right to a jury trial, ability to appeal a lower court decision, viewed equally in eyes of law

court system during Articles of Confederation

none

Article III of Constitution

outlined a Supreme Court, rest of judicial branch was established at discretion of Congress

Judiciary Act

established district courts

number of circuit courts in US

13

state courts

hear majority of legal disputes, powers are derived from state constitutions.

cases federal courts hear

if Constitution is involved, if federal law is involved, disputes between states, disputes between citizens of two different states, disputes involving federal government, disputes involving foreign countries, admiralty and maritime laws, if case involves US diplomats

original jurisdiction

the authority of a court to hear a case for the first time

only court where trials take place

district courts

what district courts do

decide factual issues

appellate jurisdiction

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

how decisions are made in appellate courts

panel of 3 judges hears evidence and makes all decisions

three possible outcomes of appellate court decisions

uphold original verdict, reverse original decision, remand back to lower courts for further consideration

judicial opinion

an explanation for a court’s ruling

precedent

a case that can be used as an explanation for ruling in other cases, based upon common law principles

how judges are selected

president appoints, president submits potential judge to senators from that state for approval

qualifications to be a judge

no formal qualifications

term length of judges

life, but can be impeached

magistrates

issue court orders, hear preliminary evidence in a case to determine if it should be brought to trial, decide whether people under arrest should be held in jail or released on bail

US attorneys

prosecute people accused of breaking federal laws, represent nation in cases where government is involved, appointed to four year terms by the president

US marshals

make arrests, collect fines, take convicted persons to prison, protect jurors, keep order in federal courts, serve subpoenas requiring people to appear in court

Marbury v. Madison

established judicial review

McCulloch v. Maryland

established principle that Congress has implied powers beyond those listed in the Constitution

Gideon v Wainwright

established that states are required to provide legal counsel to defendants charged with serious crimes who cannot afford it

Schenck v US

established clear and present danger test

Miranda v Arizona

established that law enforcement must inform suspects of their Fifth Amendment right to remain silent and their Sixth Amendment right to an attorney during custodial interrogation

New Jersey v TLO

established public school officials can conduct searches of students and their belongings without a warrant or probable cause, as long as the search is reasonable under the circumstances

Roe v Wade

established a woman’s right to have an abortion under the right to privacy under the 14th Amendment, overturned by Dobbs v. Jackson

US v. Nixon

ruled that there are limits on executive privilege

Korematsu v US

authorized internment of Japanese Americans during WW2 under the justification of national security, despite lack of evidence of sabotage or espionage by Japanese Americans to the US war effort

Chief Justice of Supreme Court

John Roberts

number of people on Supreme Court

9

types of jurisdiction Supreme Court has

original and appellate

when the Supreme Court has original jurisdiction

cases that involve diplomats from foreign countries and disputes between states

how vacancies open on the Supreme Court

death, resignation, or removal

background of the justices

most have had careers practicing or teaching law and have also been judges on lower courts

judicial review

the Supreme Court’s ability to decide if a state, federal, or local law is constitutional or not

limits on the court

can only hear cases that come to it, generally avoid political questions, limited original jurisdiction, can be ignored, Congress can work around SCOTUS

Rule of Four

SCOTUS will agree to hear a case if 4/9 justices agree

number of cases handled in a given period

caseload

cases SCOTUS chooses to hear

involve significant constitutional issues, generally avoid political cases

writ of certiorari

when the Court orders the sides of a case to send in everything they have related to the case

steps in the process

written arguments, oral arguments, conference, opinion writing, announcement

written arguments

lawyers for each side prepare briefs and send them to the courts

amicus curiae briefs

briefs submitted by legitimately interested parties to the case who aren’t directly involved in it

oral arguments

each side gets 30 minutes to summarize its case, justices often ask very tough questions about the case

conference

takes place in secret with the Chief Justice presiding, case is decided when the majority of justices vote either for or against the petitioner, at least six judges must be present for a decision

opinion writing

once the Court reaches a decision, one of the justices writes the majority opinion, which states the facts of the case, announces the case, and explains the court’s reasoning

importance of dissenting opinions

can be used in related cases in the future

reasons behind decisions

the law, changing social conditions, differing legal philosophies, personal beliefs

stare decisis

following past precedent

judicial activism

believing that laws can and should change with the times and, accordingly,  the Court can create new policies and potentially new rights

judicial restraint

hesitant to use judicial review to create new policies or advance ideas not explicitly found in existing law and/or the Constitution