Judiciary Branch

Judiciary notes from my AP Gov class

Judiciary issues

Problems of corruption and incompetence in the judiciary branch of early colonial America.

Articles of Confederation

Document that established a weak national government with no national judiciary.

Judges' tenure

Federal judges serve for life to ensure they can make decisions without the fear of removal.

Dual court system

System in the U.S. that separates state and federal courts.

Inferior court

Lower courts created by Congress.

Types of inferior courts

Special courts and constitutional courts.

Jurisdiction

Authority to hear a case.

Exclusive jurisdiction

Cases that can only be heard in federal court.

Concurrent jurisdiction

Cases that can be heard in both federal and state courts.

Original jurisdiction

Where a case originates or is first heard.

Appellate jurisdiction

Where a case goes for review after being decided in a lower court.

Plaintiff v. Defendant

In civil cases, the party suing is the plaintiff and the party being sued is the defendant.

Prosecution v. Defense

In criminal cases, the prosecution represents the state or federal government against the defendant.

Replacement judges appointment

Judges are appointed by the President.

Appointment confirmation

Judicial appointments are confirmed by the Senate.

Senatorial courtesy

The practice where a senator's preference for a judicial nominee influences others to approve the nomination.

Constitutional requirements for federal judges

There are no specific constitutional requirements for candidates for the federal bench.

Judicial restraint

Judicial philosophy advocating for adherence to the Constitution's original intent.

Judicial activism

Judicial philosophy where judges interpret laws in light of current societal changes.

Precedent

Pre-existing decisions or rulings that influence future cases.

Super precedent

Decisions that have broad support, more than 90% approval from the public.

Associate justices' salary

$306,600.

Chief justice's salary

$320,700.

Magistrate

Court officer who handles judicial proceedings prior to trial.

Docket

A list of cases scheduled before a court.

Bench trial

A trial where the judge decides the case without a jury.

Bailiff

The courtroom officer responsible for maintaining order.

US Marshal

Federal law enforcement officer for the courts.

Clerk of the court

The official responsible for maintaining the records of a court.

Legal record

Official documentation of the proceedings and decisions in a case.

Overruled

Judges' response rejecting an objection.

Struck down

Declaring a law or governmental act unconstitutional.

Upheld

Declaring an act of government or law constitutional.

Grand Jury

A jury that determines whether there is sufficient evidence to bring a case to trial.

Petit Jury

A trial jury that makes determinations of guilt or innocence.

Change of Venue

Transferring a trial to a different location to ensure a fair jury.

Sequestered jury

A jury that is isolated from the public during a trial.

Voir Dire

The process of jury selection.

Jury Nullification

When a jury acquits a defendant despite evidence of guilt.

Plea Bargain

An agreement in which a defendant pleads guilty to a lesser charge.

Chief Justice John Roberts

Current Chief Justice appointed by George W. Bush in 2005.

Marbury V. Madison

The landmark case that established the principle of judicial review in 1803.

Federalist 78

Essay by Hamilton that emphasizes judicial independence and the importance of judicial review.

SCOTUS term length

The Supreme Court's session runs from October to June.

Original Jurisdiction cases in SCOTUS

Typically 1 or 2 cases each term.

Appellate Jurisdiction cases hearing in SCOTUS

7000+ cases appealed but only 80-100 are heard each year.

Rule of Four

At least four justices must agree to hear a case.

Writ of Certiorari

An order by the Supreme Court to review a lower court's case.

Briefs

Documents providing an overview of a case from each side.

Amicus curiae briefs

Third-party briefs that provide additional perspectives on a case.

Solicitor General

Role of the official who represents the government before the Supreme Court.

SCOTUS conference

Meeting of justices to discuss cases in a private setting.

Majority Opinion

The opinion of the winning side that sets the law.

Concurring Opinion

An opinion agreeing with the majority but stating different reasons.

Dissenting Opinion

The opinion of justices who disagree with the majority's decision.

UCMJ

Uniform Code of Military Justice governing military legal proceedings.

Court-Martial

Military court that conducts trials under the UCMJ.

Court of Appeals for Armed Forces

Military appeals court that uses civilian judges.

District Courts

Courts that hear both civil and criminal cases with original jurisdiction.

Court of Appeals

12 courts that hear appeals from district courts.

International Trade Court

Court specifically dealing with civil cases related to customs and trade laws.