The Federal Judiciary

Vocabulary-style flashcards covering essential terms and concepts from the Federal Judiciary lecture notes.

Article III of the U.S. Constitution

Creates the federal judiciary (Supreme Court and lower federal courts) and vests federal judicial power to interpret and apply laws.

Judicial Power

The authority of courts to interpret and apply laws in particular cases.

Judicial Review

Power of federal courts to declare laws unconstitutional, established by Marbury v. Madison (1803).

Marbury v. Madison (1803)

Case that established judicial review, giving courts the power to declare laws unconstitutional.

Advice and Consent of the Senate

Senate’s constitutional role to approve presidential nominations to federal judges.

Tenure during good Behaviour

Lifetime appointment for federal judges to protect judicial independence.

Impeachment and Removal

Congress can impeach and remove federal judges; rarely used for Supreme Court justices.

Salary protection

Constitutional provision that a judge’s salary cannot be reduced during tenure.

Appointment Process

President nominates; Senate hearings; Senate confirmation by simple majority; filibuster rules have changed over time.

Senate Judiciary Committee

Committee that holds hearings on nominees and votes to approve or reject before full Senate consideration.

Filibuster

Procedural tactic to block or delay action; in notes, judicial nominations can no longer be filibustered.

Withdrawal of Nomination

Presidents can withdraw controversial nominations from consideration.

Limited Jurisdiction

Federal courts hear mainly federal questions; federal courts have restricted authority compared to state courts.

Diversity Jurisdiction

Federal courts can hear state-law cases if parties are from different states and the amount in controversy exceeds $75,000.

Case or Controversy

Article III requirement that federal courts resolve actual disputes, not provide advisory opinions.

Standing

A plaintiff must have suffered a legally recognizable injury to sue.

Mootness

Cases that no longer present an actual dispute are not justiciable.

Political Question Doctrine

Some disputes involving the elected branches are resolved by those branches or the political process, not federal courts.

Federal Court Structure

Three-tier system: district courts, circuit courts of appeals, and the Supreme Court.

District Courts

94 courts with original jurisdiction; they hold trials in civil and criminal cases.

Original Jurisdiction

Authority to be the first court to hear a case and conduct a trial.

Circuit Courts of Appeals

13 appellate courts that review district court decisions for legal error; no trials or juries; include special circuits (e.g., patents, DC).

DC Circuit and patents/trade circuit

One circuit handles DC matters; another specializes in patents and international trade.

The Supreme Court

Has both original and appellate jurisdiction; mostly appellate; discretionary review with nine justices.

Discretionary appellate review

The Court selects cases to hear and grants less than 3% of petitions.

Court Composition

Nine justices; current party composition noted (e.g., 6 Republican, 3 Democratic appointees).

Original Jurisdiction of the Supreme Court

Cases involving a foreign diplomat or a state as a party.

Certiorari Process

Rule of Four: four justices must agree to hear a case.

Opinion Types

Majority opinion (decision and reasons); dissenting opinion (disagreement); concurring opinion (agree with the majority for different reasons).

Stare Decisis

Doctrine that precedents should stand, providing consistency and predictability in the law.

Overruling Precedent

Only the Supreme Court can overrule one of its own prior decisions.

Judicial Restraint

Judiciary should defer to elected legislatures and avoid overturning laws unnecessarily.

Judicial Activism

Judiciary should take a broad, proactive role to protect individual liberties; can be liberal or conservative.

Non-legal Influences

Ideology and public opinion can influence justices’ decisions.

Process of Supreme Court Decision Making

Certiorari, briefs, oral arguments, conference, voting, and issuance of opinions.

Briefs

Written summaries of facts, law, and arguments submitted to the Court.

Oral Arguments

In-person legal arguments presented to the Court, typically 30 minutes per side.

Opinions in Court

Majority, dissenting, and concurring opinions explain the ruling and reasoning.

Judicial Power and Democracy Debate

Discussion of whether unelected judges should restrain or actively engage; balance liberty and majority rule.

Summary of Federal Judiciary

Key points: Article III, appointment by President with Senate approval, lifetime tenure, jurisdiction, and court structure.

Influence of Public Opinion on Justices

Justices may consider public opinion to maintain legitimacy and respect for the law.