Chapter 13: The Judicial System

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72 Terms

1

Criminal Law

Involves conduct with government as plaintiff and individual as defendant.

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2

Civil Law

Deals with disputes among individuals, groups, and corporations without criminal charges.

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3

Tort Case

Involves one individual claiming injury due to another's negligence, like medical malpractice.

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4

Precedent

Prior case principles used as a basis for current case decisions.

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5

Stare Decisis

Doctrine where previous decisions apply to current cases.

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6

Trial Courts

Initial courts where most legal cases start, such as traffic or small courts.

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7

Appellate Courts

Courts where cases can be appealed for review based on legal aspects.

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8

U.S. District Court

Federal court handling issues of law and fact, with 95 districts in the U.S.

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9

U.S. Court of Appeals

Federal court deciding questions of law, with 12 circuits in the U.S.

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10

State Supreme Court

Highest court in a state, handling appeals from lower state courts.

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11

U.S. Supreme Court

Highest federal court in the U.S., dealing with constitutional legal aspects.

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12

Federal Trial Courts

Initial federal courts for federal issues, with one judge per case.

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13

Federal Public Courts

Regional circuits with multiple judges per case, including Washington, D.C.

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14

Supreme Court

Nine-member court serving as the final authority on legal issues.

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15

Federal Judges

Appointed by the President, no formal qualifications

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16

American Bar Association

Vets potential judges for suitability

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17

Senate Confirmation

Required for federal judge appointments

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18

Supreme Court Appointments

Subject to Senate scrutiny and committee hearings

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19

Partisan Struggle

Intense political battles over appointments

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20

Judicial District Courts

94 courts organized into 11 regional circuits and DC

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21

Federal Appellate Court Circuits

Geographically assigned courts for interpreting laws

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22

9th Circuit

Arizona, California, Nevada, Oregon, Washington, Idaho, Montana

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23

Equal Treatment Under Law

Ensuring uniformity in legal rulings across the nation

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24

Supreme Court Jurisdiction

Original jurisdiction in specific cases, final legal authority

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25

United States versus Missouri

Example of a case falling under Supreme Court's original jurisdiction

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26

Original Jurisdiction

Supreme Court first to hear cases involving states or foreign ambassadors.

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27

Appellate Jurisdiction

Supreme Court hears cases on appeal from lower courts.

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28

Balance of Independence

Ensuring judges can decide without political influence.

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29

Balance of Accountability

Ensuring judges are responsive to popular will.

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30

Judicial Independence

Judges free to decide without fear of political repercussions.

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31

Judicial Accountability

Judges responsive to public opinion and can be removed.

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32

Judicial Review

Power of courts to invalidate unconstitutional actions by other branches.

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33

Marbury v. Madison

Landmark case establishing judicial review in 1803.

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34

Chief Justice John Marshall

Inaugural Chief Justice who established the authority of the Supreme Court.

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35

Midnight Appointments

Last-minute appointments made by outgoing presidents.

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36

Supreme Court Justices

Nine members including Sonia Sotomayor, Clarence Thomas, and others.

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37

Impeachment of Judges

Process to remove judges, including Supreme Court justices.

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38

Life Tenure

Supreme Court justices serve until retirement or impeachment.

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39

Thomas Jefferson

President during Marbury v. Madison case

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40

John Marshall

Chief Justice of the Supreme Court during Marbury v. Madison

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41

Legislation

Basis for Marbury's claim deemed unconstitutional

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42

Constitution

Document alluded to in establishing judicial review

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43

Federalist Papers

Document referencing judicial review

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44

Supremacy Clause

Allows Supreme Court to reverse state laws

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45

Judiciary Act of 1798

Legislation used for judicial review

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46

Brown v. Board of Education

Case desegregating schools in 1954

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47

Pavon v. Smith

Case granting same-sex couples rights in 2017

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48

Hamden v. Rumsfeld

Case limiting presidential power in 2006

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49

Writ of Certiorari

Order for lower court records to be reviewed by Supreme Court

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50

Solicitor General

Represents the government in Supreme Court cases

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51

Standing

Requirement to have a concrete stake in a case

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52

Mootness

Determines if a case is still relevant

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53

Ripeness

Assesses if a case is ready for consideration

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54

Case or Controversy

Requirement for an actual legal conflict

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55

Rogue Case

Example of a case taken despite resolution

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56

Supreme Court Cases

Decisions on laws, regulations, and presidential power

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57

Respect for Courts

Necessary for judicial decisions to be effective

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58

Four Judges

Minimum agreement needed to hear a case

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59

Solicitor General's Role

Advocates for government in Supreme Court cases

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60

Amicus Curiae Briefs

Briefs written by non-parties to provide additional context to a case

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61

Collegial Courts

Courts where judges work together until retirement or death

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62

Oral Argument

Attorneys present their case for 30 minutes before the court

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63

Conference

Private meeting where the court discusses cases

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64

Opinion Writing

Process where Chief Justice assigns opinions after oral arguments

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65

Dissenting Opinion

Written by a judge who disagrees with the majority decision

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66

Concurring Opinion

Written by a judge who agrees with the decision but with different reasoning

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67

Case Law

Precedent set by past court decisions used to justify current rulings

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68

Judicial Restraint

Philosophy where judges stick strictly to the Constitution's words

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69

Judicial Activism

Philosophy where judges consider broader societal implications beyond the Constitution

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70

Chief Justice

Head of the Supreme Court, appoints opinions and leads the court

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71

Court Legitimacy

Maintaining public respect for the institution's decisions

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72

Court Power Limitations

Judges can only rule on cases brought before them

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