unit 6.1-6.5

The Federal Judiciary

Responsible for interpreting the law of the nation

Judicial independence

Justices being impractical and united to any one person or intrest

What is an independent judiciary essential for?

An independent judiciary is essential for preserving liberty and upholding the checks and balances of Scoutus

What is article 3 of the constitution?

The supremacy clause over matters involving federal law

Is there formal qualifications of federal judiciary

There are no formal qualifications to become a federal judiciary (you don’t have to be a lawyer)

What are the factors that nomonies are considered by

• experience

• Ethical integrity

• Legal accomplish

• Race

• Ethnicity

• gender

Judiciary act of 1789

Congress created lower federal judiciary the number of justices on the scoutus

Ratification

federalist reply: opponents of the coutus were concerned about potential abuses of scoutus

• as federal power grew individual rights and states power would diminish

Federalist paper 78

Argument by Alexander H that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other 2 branches of government.

Criminal Law

A category of law covering actions determined to harm community

Civil law

Category of law covering cases involving private rights and relationships between individuals and groups

State courts

Handle the vast majority of cases involving private rights the US handle both criminal and civil laws

Rule of four

4 or more justices vote to near cases on appeal

Granted writt of certiorari if heard

Decide to review the case/ argument (briefs) both sides

Precident

Act as a basis for future decisions of similar circumstances

Stature decision

The practice of letting a previous legal decision stand

Affirmed

Confirming the courts decidion

Reserved

Overturning the district court decision

Remanding

Sent back to the lower court for reconsideration

Judicial Restraint

Justices should be cautious in overturning laws created by the people to avoid judicial review

Judicial activism

should weld the power of judicial review sometimes creating bold new polices This protects minority by striking down majority opinion

Limitations

Limits power on the supreme courts checks on court

Congress writes legislation modifying the impact of what?

Decisions

Judicial branch lacks…

Power of implementation

What do other branches rely on other branches for?

Oversee decisions