The Judicial Branch

What are the four features that ensure a powerful judiciary?

1. Separate branches in the Constitution, 2. Hierarchical authority among courts, 3. Judicial review, 4. Lifetime appointments for federal judges.

What is judicial review?

Judicial review is the power of the Supreme Court to strike down actions that violate the Constitution.

What was established in Marbury v. Madison?

Marbury v. Madison established judicial review, allowing the Supreme Court to declare laws unconstitutional.

What justifies judicial review?

The supremacy clause

How are judges appointed in the United States?

Judges are appointed by the president and confirmed by the Senate.

What is 'senatorial courtesy'?

Senatorial courtesy is the practice where senators must support judicial nominees from their own state.

What are civil cases?

Civil cases result from suing for failure to uphold civil code; the loser pays damages.

What distinguishes a criminal case from a civil case?

In a criminal case, the government charges an individual with a crime against society, while in civil cases, one party sues another for damages.

What are 'contracts' in the context of court cases?

Contracts are cases that arise from violations of an agreement between parties.

What is the role of the Supreme Court in terms of jurisdiction?

The Supreme Court has appellate jurisdiction in federal cases and original jurisdiction in cases involving ambassadors or states.

What is the significance of the Judiciary Act of 1789?

The Judiciary Act of 1789 expanded the judicial system beyond the Supreme Court as mentioned in the Constitution.

What does the term 'amicus curiae' refer to?

Amicus curiae refers to briefs filed by non-parties to provide additional information or arguments to the court.

What is the 'rule of four'?

The rule of four is a Supreme Court practice requiring four justices to agree to grant a writ of certiorari for a case to be heard.

What is stare decisis?

Stare decisis is the legal principle of determining points in litigation according to precedent.

What are the three models of judicial decision making?

The three models are the Legal Model, the Strategic Model, and the Attitudinal Model.

How does the executive branch interact with the Supreme Court?

The executive branch nominates justices and is responsible for enforcing the Court's decisions.

What can Congress do if they disagree with a Supreme Court decision?

Congress can recraft legislation or initiate a constitutional amendment if unhappy with a court decision.

What are majority, concurring, and dissenting opinions?

Majority opinions explain the ruling of the Court, concurring opinions specify reasoning aligned with the majority, and dissenting opinions express disagreement with the Court's ruling.

What are the implications of judicial activism?

Judicial activism refers to a judicial philosophy where justices use their power to promote social change or interpret the Constitution to reflect contemporary values.

What are the main types of court cases?

These include criminal cases, civil cases (contracts, torts), and cases involving public law.

How is the American judicial system organized?

The U.S. has a dual court system: federal and state courts. The federal system includes district courts, circuit courts of appeals, and the Supreme Court.

How does a case arrive at the Supreme Court?

Cases reach the Supreme Court through original jurisdiction (rare) or appellate jurisdiction, often after a decision in a lower federal court or a state supreme court. The 'rule of four' determines if a case is heard.

What are 'contract' cases?

Cases involving disputes over contracts such as breaches or interpretations of agreements.

Elaborate on 'tort' cases.

Cases dealing with harm caused by one party to another, where the injured party seeks compensation.

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What are public law cases?

Cases involving disputes where the government (federal or state) is a party, or where constitutional rights are in question.

What is the difference between original and appellate jurisdiction?

Original jurisdiction involves cases that go directly to the Supreme Court, while appellate jurisdiction involves cases that come from lower courts.

What is jurisdiction?

A court's authority to hear a case.

What is the role of district courts versus circuit courts?

District courts are trial courts; circuit courts review decisions of district courts.

What is a 'writ of certiorari'?

A writ of certiorari is an order by the Supreme Court directing a lower court to send up the records of a case for review.

Briefly describe the three models of judicial decision making.

The Legal Model focuses on the law, the Strategic Model involves strategic considerations, and the Attitudinal Model focuses on justices' personal beliefs.

What are the implications of judicial restraint?

Judicial restraint is the philosophy that judges should limit the exercise of their own power and defer to the legislative and executive branches unless a law is clearly unconstitutional.

What is judicial self-restraint?

This is the idea that courts should defer to the elected branches of government when possible, and to not venture too far in interpreting the Constitution.

What is the process for appointing a federal judge?

Nomination, Confirmation hearings, Senate vote

What is the role of the Senate in appointing judges?

The Senate confirms or rejects judicial nominees, thus playing a crucial role in shaping the judiciary.