Federal Courts

Study Notes for Test

Types of Law

• Statutory Law – Written law passed by legislatures.

• Common Law – Unwritten law based on judicial precedent.

  • Stare Decisis ("Let the decision stand") – Courts follow previous rulings.

  • Precedent – Past cases used as examples for future rulings.

• Criminal Law – Laws prohibiting actions punishable by jail time, requiring proof beyond a reasonable doubt.

• Civil Law (Tort Law) – Disputes between parties, where proof requires a preponderance of evidence (more likely than not).

  • Writ of Mandamus – Court order forcing an action.

  • Injunction – Court order stopping an action.

  • Class Action Lawsuit – Group lawsuit with a common grievance.

Types of Jurisdiction

1. Exclusive Jurisdiction – Case can only be heard in a specific court.

2. Concurrent Jurisdiction – Can be heard in either state or federal court.

3. Original Jurisdiction – Court where the case is first heard.

4. Appellate Jurisdiction – Court that reviews appeals from lower courts.

Federal vs. State Court Systems

Federal Court System

• Bottom Level: U.S. District Courts (94 total) – Courts of original jurisdiction.

• Middle Level: U.S. Court of Appeals (12 Circuits) – Appellate jurisdiction.

• Top Level: U.S. Supreme Court – Final authority on constitutional law.

State Court System

• Bottom Level: District/Superior Courts – Trial courts.

• Middle Level: Court of Appeals – Not every state has this.

• Top Level: State Supreme Court – Final say on state laws.

Exclusive Federal Court Jurisdiction

Cases that must be heard in federal courts:

• Constitutional issues.

• Federal laws and treaties.

• Admiralty Law (Laws governing maritime issues).

• Maritime Law (Crimes committed on the sea or involving ships).

• Disputes between states.

• U.S. government as a party.

• Diversity of citizenship cases (citizens of different states).

• Ambassadors/Diplomats.

The Supreme Court

• Article III Court – Highest court in the land.

• Composition: 8 Associate Justices + 1 Chief Justice.

• Key Powers:

  • Judicial Review (Marbury v. Madison, 1803) – Authority to determine the constitutionality of laws.

  • Interpretation of Laws – Determines how broadly worded laws apply.

  • Overturning Precedents – Can reverse past decisions.

• Jurisdiction:

  • Original Jurisdiction (Limited to cases involving states, ambassadors, or foreign governments).

  • Appellate Jurisdiction (Most cases come from lower appellate courts).

How Cases Reach the Supreme Court

1. Writ of Certiorari ("To be made certain") – Petition requesting the Supreme Court to hear a case.

2. Rule of Four – Four out of nine justices must agree to hear a case.

3. Possible Outcomes:

   • Full Consideration – Court hears oral arguments and issues a ruling.

   • Per Curiam Opinion – Short, unsigned ruling without oral arguments.

   • Shadow Docket – Emergency rulings issued without full deliberation.

Oral Arguments & Court Procedures

• Term: First Monday in October – June.

• Sittings: Hear cases and issue rulings.

• Recesses: Review cases, vote, and draft opinions.

• Quorum: At least six justices must be present.

• Attorney Briefs & Amicus Curiae Briefs ("Friend of the Court") – Outside parties submit opinions.

• 30-Minute Arguments – Each side presents their case.

• Friday Conferences – Justices discuss and vote.

Voting Blocs on the Supreme Court

• Liberals: Sotomayor, Kagan, Brown Jackson.

• Conservatives: Alito, Gorsuch, Kavanaugh, Barrett.

• Swing Vote: Chief Justice Roberts.

Types of Supreme Court Opinions

1. Unanimous Opinion – All justices agree.

2. Majority Opinion – Official ruling based on the majority vote.

3. Concurring Opinion – A justice agrees with the ruling but for different reasons.

4. Dissenting Opinion – Justices who disagree with the majority explain why.

Key Terms & Latin Phrases

1. Amicus Curiae ("Friend of the Court") – Outside party submits a brief.

2. Appellate Jurisdiction – The power of a higher court to review decisions.

3. Civil Law – Law concerning disputes between individuals.

4. Class Action Lawsuit – A group of people suing over a common issue.

5. Concurring Opinion – Agrees with ruling but for different reasons.

6. Dissenting Opinion – Disagrees with the majority.

7. Judicial Activism – Courts should interpret laws with modern values.

8. Judicial Restraint – Courts should follow original intent of the law.

9. Majority Opinion – The official court ruling.

10. Original Jurisdiction – The first court to hear a case.

11. Precedent – Past rulings that guide future cases.

12. Remand – Sending a case back to a lower court.

13. Rule of Four – Four justices must agree to hear a case.

14. Senatorial Courtesy – Senators influence judicial appointments.

15. Stare Decisis ("Let the decision stand") – Courts follow precedent.

16. Writ of Certiorari – Request for Supreme Court review.

Flashcards for Study

Front: What is stare decisis?
Back: "Let the decision stand" – The principle that courts should follow precedent.

Front: What is writ of certiorari?
Back: A Supreme Court order to review a lower court decision.

Front: What does amicus curiae mean?
Back: "Friend of the court" – A brief submitted by an outside party.

Front: What is judicial review?
Back: The Supreme Court’s power to determine the constitutionality of a law (Marbury v. Madison, 1803).

Front: What is original jurisdiction?
Back: The authority of a court to hear a case first.

Front: What is appellate jurisdiction?
Back: The authority of a higher court to review a lower court’s decision.

Front: What is judicial activism?
Back: The belief that courts should broadly interpret laws to fit modern needs.

Front: What is judicial restraint?
Back: The belief that courts should interpret laws as they were originally intended.

Front: What is the Rule of Four?
Back: Four Supreme Court justices must agree to hear a case.Front: What is the doctrine of stare decisis?Back: The principle that courts should follow precedent set by previous decisions.