U.S. and California Court Systems & Constitutional Law Concepts

Judicial Review

SCOTUS's authority to strike down any law — federal or state — that violates the Constitution. Established in Marbury v. Madison (1803).

American Court Systems

Two parallel systems due to federalism: one federal court system + 50 separate state court systems.

Criminal Law

Government prosecutes an individual for violating a statute (crime against society). E.g., murder, robbery.

Civil Law

Disputes between private parties — torts, contracts, property, family law. Plaintiff sues defendant for damages.

Judge-Made / Common Law

Judges create law through precedent (stare decisis) — earlier decisions guide future rulings.

Statutory Construction

Judges interpret the meaning of legislation passed by the legislature.

Federal Court Hierarchy

U.S. District Courts (trial) → U.S. Courts of Appeals (13 circuits) → U.S. Supreme Court.

California Court Hierarchy

CA Superior Court (trial) → CA Court of Appeals → CA Supreme Court → U.S. Supreme Court.

U.S. District Courts

94 federal trial courts. Handle civil and criminal cases involving federal law or diversity jurisdiction.

U.S. Courts of Appeals

Review District Court decisions for legal error. No new trials — based on the record, briefs, and oral arguments.

California Superior Court

Trial courts — both civil and criminal. Juries, witnesses, evidence.

California Supreme Court

7 justices; 4 must agree to grant review. Hears important constitutional and legal questions.

Federal Judges — Selection

Nominated by the President; confirmed by a simple majority of the Senate. Serve for life (good behavior).

CA Superior Court Judges

Elected by voters in nonpartisan elections; Governor appoints to fill vacancies.

CA Courts of Appeal / Supreme Court

Appointed by the Governor, confirmed by the Commission on Judicial Appointments, then subject to voter retention elections.

Discuss List

Cases the Chief Justice deems worth discussing at conference. Cases not on the list are automatically denied certiorari.

Rule of Four

At least 4 of 9 justices must vote to grant certiorari for SCOTUS to hear a case.

Majority Opinion

The official ruling of the Court signed by a majority — creates binding legal precedent.

Concurring Opinion

A justice agrees with the outcome but for different reasons — written separately, not binding precedent.

Dissenting Opinion

Written by justices who disagree with the majority — no legal force but can influence future cases.

Originalism / Strict Constitutionalism

Interpret the Constitution according to the Founders' original intent. Judges should not go beyond what the text's authors meant.

Literalism

Read the text literally — either historically or in its contemporary meaning. Focuses on the words themselves.

Ethical / Doctrinal (Living Constitution)

The Constitution is a living document — interpret it in light of evolving moral standards and societal changes.

Civil Liberties vs. Civil Rights

Civil liberties: protections FROM government interference (what government CANNOT do). Civil rights: guarantees OF equal treatment (what government MUST do equally).

Natural Rights Theory

Rights are inherent — government doesn't grant them, it protects them. Justification for why a Bill of Rights was initially seen as unnecessary.

Barron v. Baltimore (1833)

BOR only applies to the federal government, not states. States could violate BOR without constitutional consequence.

14th Amendment and Incorporation

The due process clause prohibits states from denying life, liberty, or property without due process — vehicle for applying BOR to states.

Palko v. Connecticut (1937)

Established selective incorporation — BOR provisions apply to states only if fundamental to 'ordered liberty' and deeply rooted in history.