AP Gov - Judiciary Review

Difference between trial and appeals courts, state and federal courts

Trial court: hears cases first; witnesses, evidence, jury possible.
Appeals court: reviews legal errors; no new evidence.
State courts: handle state laws.
Federal courts: handle federal laws, Constitution, treaties.

Structure of the court systems

State: trial → appeals → state supreme court.
Federal: district → circuit appeals → U.S. Supreme Court.

Criminal vs. civil procedure

Criminal: gov vs defendant, guilt, jail/prison, beyond reasonable doubt.
Civil: person vs person, liability, money damages, preponderance of evidence

Sources of law

Constitution
Statutes (Congress/legislatures)
Regulations
Case law / precedent
Common law

Felony

Serious crime; punishable by more than 1 year in prison

Misdemeanor

Less serious crime; up to 1 year in jail

Violation

Minor offense; usually fines

Jail

Local, short-term confinement (usually misdemeanors)

Prison

Long-term state/federal facility for felonies

Probation

Sentence served in the community under supervision

Parole

Early release from prison under supervision

Arraignment

First court appearance; charges read, plea entered

Plea (options)

Guilty, not guilty, no contest

Bail

Money or conditions to ensure return to court.

Voir dire (for cause, peremptory):

Jury selection;
For cause: remove biased juror.
Peremptory: remove without reason.

Discovery

Exchange of evidence before trial.

Sentencing

Judge imposes punishment after conviction.

Complaint

Formal statement of charges (criminal) or claims (civil).

Federalist #78 (Main arguments)

• Judiciary is weakest branch (no purse/no sword).
• Life tenure protects independence.
• Courts check Congress by judging constitutionality

Why the judiciary is not a threat

Has neither money nor military.
Only has judgment.

Why the judiciary is needed

Protects Constitution and minority rights.
Ensures laws follow the Constitution.

Why judicial review is not antidemocratic?

Protects long-term constitutional values.
Prevents majority abuse.
Constitution = product of democratic process.

Judicial review: Where does it come from?

Not in Constitution's text; inferred from Article III; formalized in Marbury v Madison.

Marbury v Madison

Established judicial review; Court struck part of Judiciary Act of 1789.

Writ of mandamus

Court order telling a gov official to do their duty

Judiciary Act of 1789

Set up federal courts; gave Supreme Court power to issue writs of mandamus.

Original and appellate jurisdiction

Original: first time a case is heard.
Appellate: reviewing lower court decisions.

Supremacy Clause

Federal law > state laws

Fletcher v Peck

First time Court struck down a state law.

Martin v Hunter's Lessee

Supreme Court can review state court decisions on federal issues

Stare decisis / impact of precedent — Common law

Courts follow past decisions to keep consistency

Differences between criminal and civil law: Plaintiff and defendant

Plaintiff: brings the case.
Defendant: accused/being sued.

Differences between criminal and civil law: Damages

Money awarded in civil cases.

Differences between criminal and civil law: Role of grand jury

Decides if enough evidence to indict in major criminal cases

Difference between a trial and appellate court

Trial: Witnesses, evidence, jury, fact-finding.
Appellate: Reviews legal errors; no new evidence.

Structure of the federal appeals court system

94 district courts →
13 circuit courts of appeals →
Supreme Court.

Structure of the Supreme Court:

9 justices
Chief Justice: leads Court, assigns opinions when in majority.

Procedures of the Supreme Court: Request for review

Appellant: losing party asking for review.
Respondent: winner in lower court defending decision.

Procedures of the Supreme Court: Clerks read request

Law clerks sort petitions for review

Procedures of the Supreme Court: Conference

Justices privately vote on whether to hear.

Procedures of the Supreme Court: Review announced

Court grants cert or denies.

Procedures of the Supreme Court: On-merit briefs (appellant, respondent, appellant rebuttal)

Written arguments

Procedures of the Supreme Court: Amicus (friend of the court)

Outside groups submit briefs.

Procedures of the Supreme Court: Oral arguments

Each side argues; justices ask questions.

Procedures of the Supreme Court: Conference and opinion assignments

Majority assigns writer.

Procedures of the Supreme Court: Opinion circulation

Drafts passed around, edits made.

Procedures of the Supreme Court: Decision announcement:

Opinions read publicly.

Deciding to review - how often is granted?

About 1% of petitions (80-90 per year).

Deciding to review - Criteria

Circuit conflict
Importance
Interests of justices
Egregious errors

Likelihood of supreme court review

More likely if U.S. gov requests (Solicitor General).

Supreme Court Review Discretion

Court chooses what it wants.

Review (writs): Certiorari

Order to hear a case.

Habeas corpus writ

Bring person before court; challenge detention.

Per curiam rejections or opinions

Unsigned brief decisions.

Supreme court : Decision writing - who assigns?

Chief Justice (if in majority).
Otherwise most senior justice in majority.

Supreme Court Decision groupings

Majority:
5+ justices agree on reasoning.
Plurality:
5+ agree on who wins but not why.
Concurrent (concurring):
Agree on result, different reasoning.
Dissent opinions:
Disagree with majority.

Standing (three-prong test):

Injury
Causation
Redressability

Facial challenges (argument that a law is unconstitutional)

Challenge law before applied; generally disfavored.

Mootness

Case no longer live (exception: issues "capable of repetition").

Class action:

Group lawsuit.

Walmart case:

Court blocked huge class; too different to be one class.

Amicus briefs:

Outside groups submitting arguments; most impactful in big national cases.

Solicitor General:

Top government lawyer; huge influence on cert grants.

Dicta

Extra comments not binding.

Case specific, "massive resistance"

School desegregation pushback.

School prayer and desegregation

Court rulings often met with limited compliance.

Congress : Appellate jurisdiction ("jurisdiction stripping")

Congress can limit Court's appeals power.

Court Pay

Congress controls judicial salaries (cannot reduce)

Congress: Confirmation

Senate approves justices.

Congress: Political question

Some issues left to political branches

President: State secrets

Executive can block evidence for national security

President: Enforcement

President enforces Court rulings.

President: Nomination

President picks justices.

President: Political question

Courts avoid issues tied to exec power in foreign affairs.

Judicial philosophy: Restraint

Courts defer to elected branches.

Judicial philosophy: Activism

Courts strike laws more often; more willing to intervene.

"Liberal" decisions vs "Conservative" decisions:

Liberal: expand rights, gov regulation allowed.
Conservative: limit gov power, stricter textual interpretation.

Textualism

Meaning based on text.

Originalism

Meaning based on founders' intent.

Developmentalism

Meaning evolves with society.

Doctrinalism

Based on precedent

Legal positivism:

Law = authority's will; separate from morality.

Natural law

Law tied to higher moral principles.

Balancing

Weigh competing rights/interests.