AP GOV Judiciary Test

Original jurisdiction

a court that hears a case for the first time, usually in the form of a trial. Federal district courts hold most original jurisdiction cases at the federal level. However, the Supreme Court hears some original jurisdiction cases (for example, cases between two states).

Appellate jurisdiction

a court that decides whether the laws/Constitution were appropriately applied in the lower court decision(s).  The U.S. Circuit Court of Appeals and the U.S. The Supreme Court both have appellate jurisdiction.  The most important cases heard by the Supreme Court tend to be appellate jurisdiction.

Federal district courts

trial courts at the national level with original jurisdiction only.  There are 94 federal district courts that hear cases that deal with federal law.  There is at least 1 federal district court per state.

Circuit Court of Appeals

appellate federal courts with a committee of judges for each case; hear cases that have already been decided by federal district courts.  There are 13 regionally based Circuit Courts.

Precedent

a decision by the Supreme Court that serves as a basis for future cases with similar facts.  Lower courts are to apply Supreme Court precedents (decision) to decide their actions in their courts.  Precedents are the current interpretation of the court, but precedents can change

Ex: Brown v. Topeka BOE changed the precedent established by Plessy v. Ferguson; Dobbs Jackson changed the precedent established by Roe v. Wade

Stare decisis

let the decision stand; this is the most common decision by the Supreme Court when they review a case being appealed to them— reestablishes past precedent.  

Writ of certiorari

court order to pass a case from a lower court to the Supreme Court for review.  There is no obligation for the Supreme Court to take up the 7,000 cases per year that they are asked to consider.  The Supreme Court formally hears about 100-150 cases per year.  

Rule of 4

a process the Supreme Court uses to decide which cases to formally take up.  After a writ of certiorari is ordered by the Supreme Court, the justices will review the case and decide whether to formally hear the case— requires 4 justices for the Supreme Court to agree to hear a case. 

Judicial activism

the judicial philosophy that believes the courts should go beyond simply interpreting the Constitution to create policy

Judicial restraint

the judicial philosophy that believes the court should NOT create policy, but should stick to strictly interpreting the Constitution

Majority opinion

the written opinion by one member of the majority voting on a Supreme Court cases; this opinion serves as the precedent for this case

Concurring opinion

a written opinion by a justice that voted with the majority, but for a different opinion than the one describing in the majority opinion

Dissenting opinion

a written opinion by a justice who disagrees with the majority opinion

Incorporation

applied the Bill of Rights to states through the due process clause of the 14th Amendment.

Selective incorporation

on a case-by-case basis, the Supreme Court has slowly applied the Bill of Rights to states (through the 14th Amendment) 

2nd amendment

right to bear arms

14th amendment

states cannot violate due process clause (incorporation)