American Judiciary Midterm

carp ch 1-6, VG ch 1-9

What is the primary source of law in the United States

The US Constitution, the supreme law of the land. Other sources include statutes, regulations, and judicial decisions.

What is the courtroom work group?

The judge, prosecutor, and dense attorney who work together to process cases

What is jurisdiction?

A court’s legal authority to hear and define a case

What is concurrent jurisdiction?

When two or more courts or court systems have authority to hear the same type of case

What is original jurisdiction?

Authority to hear a case for the first time

What is appellate jurisdiction?

Authority to review a lower court’s decision for legal errors

What cases fall under the Supreme Court’s original jurisdiction under Article III?

Cases affecting ambassadors, other public ministers and consults, and cases in which a state is a party

What is judicial review?

The power of courts to determine whether government actions or laws violate the constitution

What is a majority opinion?

An opinion expressing the reasoning and decision supported by a majority of participating judges or justices

What is a concurring opinion?

An opinion agreeing with the outcome but offering different or additional reasoning

What is a dissenting opinion?

An opinion explaining disagreement with the court’s decision

What is a plurality opinion?

An opinion whose rationale receives the most votes but no the majority

What is a per curiam opinion?

An opinion issued in the name of the court rather than signed by an individual judge or justice

What is a unanimous opinion?

An opinion in which all participating judges or justices agree

What is a holding?

The legal determination necessary to decide a case

What is dicta?

Statements in an opinion that are no necessary to decide the case

What nine types of legal materials can judges use?

1. constitutional text

2. framer’s intent and ratification

3. constitutional structure

4. fundamental purposes and values

5. tradition and history

6. social science

7. contemporary morality

8. practicality

9. prudence

What are the three tiers of the federal court systems?

District courts, courts of appeals, and the Supreme Court

What do federal district courts do?

Hear cases at trial, determine facts, and issue initial decisions

What do federal courts of appeals do?

Review lower court decisions for legal errors

What does the Supreme Court do?

Reviews selected cases and resolves major federal legal and constitutional questions

What is fragmentation in the court system?

Division among multiple courts or jurisdictions, sometimes making the system complex or inefficient

What is a specialty court?

A court or court program created to address a specific problem or category of cases

What is justiciability

Whether a dispute is appropriate for judicial resolution and should be heard by a court

What are the five justiciability doctrines?

1. Standing

2. Mootness

3. Ripeness

4. Political-question doctrine

5. Prohibition against advisory opinions

What is standing?

The requirement that a person bringing the case have a sufficient personal stake in the dispute

What is mootness?

The dispute has ended or no longer presents a live controversy the court can meaningfully resolve

What is ripeness?

The dispute is sufficiently developed for judicial review rather than premature

What is the political-question doctrine?

Courts may decline to decide issues committed to another branch or lacking manageable judicial standards

What is the prohibition against advisory opinions?

Federal courts generally cannot answer hypothetical legal questions without an actual case or controversy

What is originalism?

An approach that gives substantial weight to the Constitution’s origia lmeaning when adopted

What is textualism?

An approach emphasizing the meaning of the legal text’s words in context

What is judicial activism?

A contested label for judicial behavior perceives as aggressive, such as invalidating government action or departing from precedent

What are the three main constitutional tests?

1. Rational basis

2. Intermediate scrutiny

3. Strict scrutiny

What is the rational basis?

The law must be rationally related to a legitimate government purpose

Who bears the burden under rational basis review

Generally, the person challenging the law

Is a law presumed constitutional under rational basis

Generally, yes until proven otherwise

What is intermediate scrutiny?

The government must show that the classification is substantially related to an important government interest

What classification commonly triggers intermediate scrutiny?

sex-based classifications

What is strict scrutiny?

The government must show that the law is narrowly tailored to serve a compelling government interest

Who bears the burden under strict scrutiny?

The government

What types of cases commonly trigger strict scrutiny?

Cases involving fundamental rights or certain suspect classifications, such as race-based classifications under the equal protection clause of the 14th amendment

Which test is most deferential?

Rational basis

Which test is most demanding?

Strict scrutiny

What ar ethe key phrases for the three tests?

1. Rational Basis: legitimate interest and rational relationship

2. Intermediate: important interest and substantial relationship

3. Strict: compelling interest and narrow tailoring

How are federal judges selected?

The president nominates them, and the Senate provides advice and consent through confirmation

What is an advantage of federal judicial appointment?

It can protect judicial independence by avoiding election campaigns and providing life tenure for Article III judges

What is a disadvantage of federal judicial appointment?

The process can be highly partisan and influenced by ideology

What is an advantage of judicial elections?

Direct accountability to voters

What is a disadvantage of judicial elections?

Campaign fundraising and public pressure may threaten perceived impartiality

What is gubernatorial appointment?

is the power or process by which a state governor selects an individual to fill a public office, such as a state agency head, board or commission member, interim legislator, or state judge

What is an advantage of gubernatorial appointment?

It can emphasize experience and qualifications without requiring candidates to campaign for votes

What is a disadvantage of gubernatorial appointment?

Political favoritism may influence appointments

What is merit selection or the Missouri Plan?

A nominating commission evaluates candidates and recommends qualified nominees for appointment, later retention or review depends on the state system

What is an advantage of merit selection?

It emphasizes qualifications and may reduce competitive election pressure

What is a disadvantage of merit selection?

The commission may still be politically influenced, and the process may be less directly accountable to voters

What is a legal syllogism?

Legal reasoning that applies a general rule to specific facts to reach a conclusion

What are the three parts of a legal syllogism?

1. Major premise: legal rule

2. Minor premise: case facts

3. Conclusion: result from applying the rule to the facts

What are federal constitutional (formal) qualifications for Article III federal judges?

The Constitution specifies no minimum age, citizenship duration, law degree, or years of legal experience

What qualifications are commonly considered in judicial selection?

Legal experience, professional reputation, education, judicial experience, and other professional or political factors

What is a grand jury?

A group of citizens that reviews evidence to determine whether probable cause supports formal criminal charges

Does a grand jury determine guilt?

No, it decides whether charges should proceed, not whether the defendant is guilty beyond a reasonable doubt

What is an indictment?

A formal accusation issued by a grand jury stating that criminal charges should proceed

Does an indictment mean guilt?

no, it is an accusation, not a conviction

What does IRAC stand for?

Issue, Rule, Analysis, Conclusion

What does CRAC stand for?

Conclusion, Rule, Analysis, Conclusion

What should a constitutional issue statement identify?

The specific government action, constitutional right, and legal question raised by the facts

What rule should I state for the gun-case essay?

Strict scrutiny: the government must show a compelling interest and narrow tailoring

What is the main job of the analysis section?

Apply the strict-scrutiny requirements to the specific facts of the case

What questions should I ask about the government’s interest?

What interest is asserted, and is it compelling?

What questions should I ask about narrow tailoring?

Does the law closely fit the interest? Is it overbroad? Could a less restrictive alternative work?

What should the conclusion say?

Whether the law is constitutional under strict scrutiny, based on the analysis

What should be the longest part of the essay?

The analysis applying the rule to the facts