Chapter 13: The Judicial System

Criminal Law

Involves conduct with government as plaintiff and individual as defendant.

Civil Law

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

Tort Case

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

Precedent

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

Stare Decisis

Doctrine where previous decisions apply to current cases.

Trial Courts

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

Appellate Courts

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

U.S. District Court

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

U.S. Court of Appeals

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

State Supreme Court

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

U.S. Supreme Court

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

Federal Trial Courts

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

Federal Public Courts

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

Supreme Court

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

Federal Judges

Appointed by the President, no formal qualifications

American Bar Association

Vets potential judges for suitability

Senate Confirmation

Required for federal judge appointments

Supreme Court Appointments

Subject to Senate scrutiny and committee hearings

Partisan Struggle

Intense political battles over appointments

Judicial District Courts

94 courts organized into 11 regional circuits and DC

Federal Appellate Court Circuits

Geographically assigned courts for interpreting laws

9th Circuit

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

Equal Treatment Under Law

Ensuring uniformity in legal rulings across the nation

Supreme Court Jurisdiction

Original jurisdiction in specific cases, final legal authority

United States versus Missouri

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

Original Jurisdiction

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

Appellate Jurisdiction

Supreme Court hears cases on appeal from lower courts.

Balance of Independence

Ensuring judges can decide without political influence.

Balance of Accountability

Ensuring judges are responsive to popular will.

Judicial Independence

Judges free to decide without fear of political repercussions.

Judicial Accountability

Judges responsive to public opinion and can be removed.

Judicial Review

Power of courts to invalidate unconstitutional actions by other branches.

Marbury v. Madison

Landmark case establishing judicial review in 1803.

Chief Justice John Marshall

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

Midnight Appointments

Last-minute appointments made by outgoing presidents.

Supreme Court Justices

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

Impeachment of Judges

Process to remove judges, including Supreme Court justices.

Life Tenure

Supreme Court justices serve until retirement or impeachment.

Thomas Jefferson

President during Marbury v. Madison case

John Marshall

Chief Justice of the Supreme Court during Marbury v. Madison

Legislation

Basis for Marbury's claim deemed unconstitutional

Constitution

Document alluded to in establishing judicial review

Federalist Papers

Document referencing judicial review

Supremacy Clause

Allows Supreme Court to reverse state laws

Judiciary Act of 1798

Legislation used for judicial review

Brown v. Board of Education

Case desegregating schools in 1954

Pavon v. Smith

Case granting same-sex couples rights in 2017

Hamden v. Rumsfeld

Case limiting presidential power in 2006

Writ of Certiorari

Order for lower court records to be reviewed by Supreme Court

Solicitor General

Represents the government in Supreme Court cases

Standing

Requirement to have a concrete stake in a case

Mootness

Determines if a case is still relevant

Ripeness

Assesses if a case is ready for consideration

Case or Controversy

Requirement for an actual legal conflict

Rogue Case

Example of a case taken despite resolution

Supreme Court Cases

Decisions on laws, regulations, and presidential power

Respect for Courts

Necessary for judicial decisions to be effective

Four Judges

Minimum agreement needed to hear a case

Solicitor General's Role

Advocates for government in Supreme Court cases

Amicus Curiae Briefs

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

Collegial Courts

Courts where judges work together until retirement or death

Oral Argument

Attorneys present their case for 30 minutes before the court

Conference

Private meeting where the court discusses cases

Opinion Writing

Process where Chief Justice assigns opinions after oral arguments

Dissenting Opinion

Written by a judge who disagrees with the majority decision

Concurring Opinion

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

Case Law

Precedent set by past court decisions used to justify current rulings

Judicial Restraint

Philosophy where judges stick strictly to the Constitution's words

Judicial Activism

Philosophy where judges consider broader societal implications beyond the Constitution

Chief Justice

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

Court Legitimacy

Maintaining public respect for the institution's decisions

Court Power Limitations

Judges can only rule on cases brought before them