AP Gov Judicial Branch

precedent

an ruling on a case that serves as an example for future cases

stare decisis

A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle. The higher court agreed with the lower courts decision so they do not add the case to their docket.

US Circut Court of Appeals type of jurisdiction

appellate jurisdiction only

qualifications for judges

none listed in Constitution

district court

trial courts for the federal system

original jurisdiction

right to hear a case for the first time

appellate jurisdiction

hear cases on appeal from lower courts

\# of justices on SCOTUS

determined by congress; currently 9

type of jurisdiction the supreme court has

original, appellate and exclusive

Rule of 4

4 of the 9 justices have to agree to grant cert to a case

writ of certiorari

to make more certain, lower courts send up documents on the case once Rule of 4 was approved

how federal court judges get their jobs

appt by POTUS and approved by senate

litmus test

test the ideological purity of federal court nominees

senatorial courtesy

ask senators from that state or circuit which people to nominate for judges if approved they get a "blue slip"

opinion

ruling of the majority with legal explanation

concurring opinion

agreed with majority opinion but for a different point of law

dissenting opinion

disagreed with the majority and explanation of why

term of a federal judge

for life/good behavior can only be removed by impeachment

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

judicial review

The right of federal courts to declare laws of Congress and acts of the executive branch void and unenforceable if they are judged to be in conflict with the Constitution.

judges sit in panels of 3 on this federal court but the entire panel is larger

U.S. Circuit Court of Appeals

federal courts were created by

Congress

Head judge of the Supreme Court

Chief Justice

lower justices of the Supreme Court are called

associate justices

Current Chief Justice

John Roberts

Article III of the Constitution

Judicial Branch

Petitioner

a person who makes a formal application to a court for a writ, appeals the lower court's decision

respondent

person who claims that the lower court ruled correctly in the case

brief

A written statement by an attorney that summarizes a case and the laws and rulings that support it

Federalist \#78

The Judiciary is the least dangerous branch, because the nature of its functions makes it unlikely to threaten the political rights of the Constitution. The founders generally viewed the Courts as legal, not political. Lacks the power of the purse and the power of the sword

How the SCOTUS is insulated from public opinion

appointed not elected, serve life term, only removed by impeachment, salary cannot be lowered during their term

How the legislative branch checks the judicial branch

Creates lower court, approves presidential nominees of members, can change \# of justices

How the executive branch checks the judicial branch

who POTUS choses to appoints, not enforce judicial rulings