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Constitutional Courts
Courts established under Article III; judges serve during good behavior (life tenure) with salary protection. Includes Supreme Court, Courts of Appeals, and District Courts.
Legislative Courts
Courts created by Congress for specialized purposes under Article I; judges have fixed terms, can be removed, and may have salaries reduced. Examples: Court of Military Appeals, territorial courts, Court of International Trade.
Senatorial Courtesy
An informal tradition giving senior senators from a nominee’s home state (and the president’s party) veto power over judicial nominations; a negative “blue slip” can halt a nomination.
Litmus Test
An evaluation of a judicial nominee’s political ideology (e.g., abortion stance) used by presidents and interest groups to assess suitability.
Federal-Question Cases
Cases involving the Constitution, federal statutes, or treaties.
Diversity Cases
Cases involving citizens of different states (or foreign nationals) where the dispute exceeds $75,000.
In Forma Pauperis
Allows indigent parties to proceed without filing fees; criminal defendants may get a court-appointed lawyer.
Interest-Group Sponsorship
When advocacy groups (e.g., ACLU) fund litigation, file amicus briefs, or represent plaintiffs aligned with their mission.
Standing
A requirement that a plaintiff have a personal stake in a case’s outcome; includes actual controversy, injury-in-fact, causation, and redressability.
Injury-in-Fact
The plaintiff must show actual harm from the challenged law or action.
Causation & Redressability
The injury must be traceable to the defendant and likely fixed by a favorable ruling.
Fee Shifting
A rule allowing the winning plaintiff to recover attorney’s fees and court costs from the losing party when permitted by statute.
Class-Action Suit
A case filed by one or a few plaintiffs on behalf of a larger group (“class”) with common claims; allows collective redress for widespread harms.
Judge Party Influence
Studies show judges’ rulings strongly correlate with their political party; presidents choose nominees aligned with their ideology (liberal vs. conservative).
Supreme Court
Only court required by the Constitution; exercises discretionary appellate jurisdiction via certiorari.
U.S. Courts of Appeals
12 regional circuits + Federal Circuit; hear appeals from district courts and agencies, no new trials.
U.S. District Courts
94 districts with original jurisdiction over most federal cases.
Specialized Constitutional Courts
Examples: Court of International Trade, Bankruptcy Courts.
Legislative Courts (simplified)
Created for specific functions without Article III protections.
Certiorari
An order by the Supreme Court (or higher court) to review a lower-court decision.