ap gov judicial branch 2.8-2.11

🔷 STRUCTURE & TYPES OF LAW

Dual Court System

• The U.S. has two separate court systems:

  1. Federal courts, established under Article III of the Constitution.

  2. State courts, established by each state’s constitution and laws.

• A case may be tried in either system, depending on jurisdiction (e.g., federal law vs. state law).

Law

• A set of rules that governs behavior in society and is enforced by the government.

• Laws provide order, protect liberties and rights, and define crimes and punishments.

Common Law

• Law developed through court decisions rather than statutes.

• Based on traditions, past judicial rulings, and custom.

• The U.S. legal system is heavily influenced by English common law.

Doctrine of Stare Decisis

• Latin for “let the decision stand.”

• Courts look to precedent (past decisions) when making current rulings.

• Promotes stability, consistency, and predictability in the law.

Precedent Cases

• Legal principles established in earlier judicial decisions.

• Used as a guide in deciding similar future cases.

• Can be overturned by higher courts or if society and values change.

🔷 TYPES OF LAW

Constitutional Law

• Law based on the U.S. Constitution or a state constitution.

• Includes interpretations by courts of constitutional provisions (e.g., free speech, due process).

U.S. Code

• The compilation of all permanent federal laws organized by subject matter.

• Example: Title 18 covers federal crimes and criminal procedures.

Penal Code

• A body of laws that define crimes and specify punishments.

• Each state has its own penal code; there is also a federal penal code.

🔷 COURTROOM PROCEDURES

Adversarial Judicial System

• Legal system where two parties (prosecution and defense) present their case to an impartial judge or jury.

• Common in democratic systems; ensures each side has the opportunity to argue its position.

Trial Courts

• Courts of original jurisdiction where cases begin.

• Evidence is presented, witnesses testify, and verdicts are issued.

• Includes both criminal and civil trials.

Original Jurisdiction

• The authority to hear a case for the first time, not on appeal.

• Trial courts (and in some cases the Supreme Court) have original jurisdiction.

Jury Trial

• A trial where a group of citizens (the jury) determines the outcome based on facts and evidence.

• Common in both criminal and civil cases.

Bench Trial

• A trial in which the judge alone hears the case and renders a verdict.

• Often faster and less formal than a jury trial.

🔷 TYPES OF CASES

Criminal Law

• The body of law that relates to crimes and punishments.

• The government prosecutes individuals for violating laws meant to protect society.

• Examples: murder, theft, drug offenses.

Beyond a Reasonable Doubt

• The burden of proof in criminal cases.

• Means the evidence must leave no reasonable doubt that the defendant committed the crime.

• A very high standard because someone’s liberty (or life) is at stake.

Civil Law

• Involves disputes between private parties (individuals, businesses).

• Typically seeks compensation or specific performance, not punishment.

• Examples: lawsuits over contracts, property, family law, personal injury.

🔷 HIGHER COURTS

Courts of Appeal (Appellate Courts)

• Review decisions made by trial courts.

• No new evidence or witnesses; focus is on legal errors that may have occurred during trial.

• There are 13 U.S. Courts of Appeals (including the D.C. Circuit and Federal Circuit).

Appellate Jurisdiction

• The power to review and revise decisions of lower courts.

• U.S. Courts of Appeal and the Supreme Court typically exercise appellate jurisdiction.

Judicial Review

• The power of the courts to declare laws and executive actions unconstitutional.

• Established by Marbury v. Madison (1803).

• A foundational check the judicial branch has on the other two branches.

🔷 FEDERAL JURISDICTION & COURT STRUCTURE

Federal Question

• Refers to any case that involves the U.S. Constitution, federal laws (statutes), or treaties.

• These cases fall under federal court jurisdiction.

• Example: A case challenging a federal law for violating the First Amendment.

Court of Last Resort

• The final authority in the judicial system; no higher appeal is possible.

• For federal law, this is the U.S. Supreme Court.

• For state law, it’s the state’s highest court (often called the State Supreme Court).

Article I Courts

• Courts created by Congress under Article I of the Constitution—not Article III.

• Judges do not have life tenure and may have limited powers.

• Examples include:

  • U.S. Tax Court

  • U.S. Court of Federal Claims

  • U.S. Court of Appeals for the Armed Forces

District Courts

• The lowest level of federal courts; 94 total.

• These are trial courts of the federal system and have original jurisdiction.

• Hear both civil and criminal cases that involve federal laws.

• Each state has at least one federal district court.

🔷 FEDERAL COURT SYSTEM: LEVELS OF APPEAL

Mandatory Jurisdiction

• When a court must hear a case.

• Applies to most appellate courts, especially in the intermediate federal courts.

• For example, U.S. Courts of Appeals must hear appeals from lower courts if properly filed.

Federal Courts of Appeals / Circuit Courts

• The intermediate appellate courts in the federal system; 13 circuits.

• These courts have appellate jurisdiction only—no new trials.

• Panel of three judges hears the case and issues a ruling, often creating precedent.

• Important for resolving conflicts in law and setting legal standards regionally.

Supreme Court

• The highest court in the United States.

• Established by Article III of the Constitution.

• Has both original and appellate jurisdiction, but most cases come via appeal.

• Reviews fewer than 100 cases per year, usually those involving constitutional issues, conflicts between lower courts, or matters of national importance.

Discretionary Jurisdiction

• The power of the Supreme Court to choose which cases it wants to hear.

• Most cases arrive through a writ of certiorari.

• Rule of Four: If four justices agree, the Court grants cert.

🔷 SUPREME COURT ROLES

Chief Justice

• Head of the Supreme Court and the Judicial Branch of the U.S. government.

• Presides over oral arguments, leads discussion, assigns opinion writing if in majority.

• Also presides over impeachment trials of the President in the Senate.

• Current Chief Justice (as of 2025): John Roberts.

Associate Justice

• One of the eight other justices on the Supreme Court (besides the Chief Justice).

• Equal vote in all decisions.

• Participate in hearing cases, writing opinions, and forming majority, concurring, or dissenting views.

🔷 JUDICIAL INDEPENDENCE & QUALIFICATIONS

Judicial Independence

• The principle that judges must be free from outside influence, especially from the executive and legislative branches, to make impartial decisions based solely on the law.

• Protected by:

  • Lifetime appointments under Article III.

  • Stable salaries that cannot be reduced while in office.

  • No direct political accountability (judges don't campaign or face voters).

• Ensures fair and unbiased rulings, even in politically sensitive cases.

Judicial Competence

• Refers to a judge’s qualifications, legal expertise, ethical behavior, and decision-making ability.

• Competent judges:

  • Understand legal precedents and constitutional interpretation.

  • Write clear, logical, and reasoned opinions.

  • Demonstrate fairness, impartiality, and integrity.

• Presidents and senators (especially during confirmation hearings) often assess judicial competence when selecting nominees.

🔷 TYPES OF REPRESENTATION IN JUDICIAL SELECTION

Descriptive Representation

• Occurs when a representative (or judge) shares characteristics with the population they serve—such as race, gender, religion, or background.

• Example: Appointing more women or racial minorities to the federal bench to reflect America’s diversity.

• Seen as a way to increase legitimacy and trust in the judiciary.

Substantive Representation

• Focuses on whether a judge’s decisions and actions reflect the interests, values, or policy preferences of certain groups—regardless of the judge’s personal identity.

• A judge may not share a background with a group but still rule in a way that supports that group’s interests (e.g., civil rights, women’s rights).

Symbolic Representation

• Representation that provides a symbolic sense of inclusion or legitimacy, even if the practical or policy outcomes don't directly benefit the represented group.

• Example: The appointment of the first Black woman to the Supreme Court (Justice Ketanji Brown Jackson) had symbolic value as well as legal and political significance.

🔷 JUDICIAL APPOINTMENT PROCESS

Senatorial Courtesy

• An informal tradition where the President consults a senator from the President’s party before nominating a district court judge in that senator’s home state.

• If that senator objects, the nomination is often blocked.

• Most often applies to federal district court nominations.

• Reinforces the Senate’s role in the confirmation process and gives influence to individual senators.

🔷 JURISDICTION & COURT STRUCTURE

Diversity of Citizenship

• A type of case that can be heard in federal court when:

  • The parties are from different states, and

  • The amount in controversy exceeds $75,000.

• Falls under original jurisdiction of federal district courts.

• Prevents state court bias toward a local party.

Collegial Court

• A court where judges work together to reach decisions.

• Applies to the Supreme Court and appellate courts, where justices deliberate, discuss, and often compromise.

• Encourages consensus and fosters respect for precedent and the institution.

🔷 CASE SELECTION PROCESS

Certiorari Petitions

• Formal requests filed by parties asking the Supreme Court to review a lower court’s decision.

• Filed when a party believes a significant legal or constitutional issue needs to be resolved.

• Most common way cases reach the Court.

Cert Memo

• Short for “certiorari memorandum.”

• Written by law clerks to help justices decide whether to grant certiorari.

• Summarizes facts, legal questions, arguments, and reasons for or against taking the case.

• Part of the "cert pool" where clerks share memos among justices.

Writ of Certiorari

• A formal order by the Supreme Court to a lower court to send up the record of a case.

• Indicates that the Court has agreed to hear the case.

• Most common method by which cases are added to the Court's docket.

Rule of Four

• An informal rule stating that at least four justices must agree to grant a writ of certiorari.

• Protects the minority on the Court and ensures that important cases are not ignored by simple majority rule.

Amicus Curiae Brief

• Latin for “friend of the court.”

• Filed by non-parties (e.g., interest groups, government agencies, scholars) to offer information, expertise, or perspectives that may influence the Court’s decision.

• Often submitted in high-profile or complex cases.

• Can signal broader public or political interest in a case.

🔷 JUDICIAL DELIBERATION

Bench Memos

• Written by law clerks to help justices prepare for oral arguments and deliberation.

• Summarize key facts, legal questions, precedents, and possible outcomes.

• Aid in shaping how a justice will question attorneys and decide the case.

🔷 JUDICIAL DECISION-MAKING MODELS

These are theories used by political scientists to explain how and why judges make decisions:

Legal Model

• Judges decide cases strictly based on legal factors like the Constitution, statutes, and precedent.

• Sees judges as neutral “umpires.”

• Emphasizes judicial restraint and rule of law.

Attitudinal Model

• Judges make decisions based on their ideological beliefs and policy preferences.

• Common explanation for Supreme Court behavior, where justices have life tenure and are free from electoral pressure.

• Example: Liberal vs. conservative voting patterns.

Strategic Model

• Judges make decisions not only based on their beliefs but also on strategic considerations, like:

  • Maintaining the legitimacy of the Court,

  • Securing majority support from colleagues,

  • Avoiding backlash from other branches.

• Highlights the interactive and political nature of decision-making.

🔷 SUPREME COURT OPINIONS

Concurring Opinion

• Written by a justice who agrees with the majority decision but for different or additional reasons.

• Offers another legal rationale for the outcome.

• Can influence future cases or signal alternate legal thinking.

Dissenting Opinion

• Written by a justice who disagrees with the majority.

• Has no legal effect but may become influential over time.

• Can help shape future public discourse or future rulings if precedent is challenged.

🔷 JUDICIAL PHILOSOPHY

Judicial Activism

• A judicial philosophy where judges are more willing to strike down laws or reverse precedent to achieve what they believe is just or constitutionally correct.

• Judges may be seen as interpreting the Constitution in a broad, evolving way.

• Often associated with rulings that expand civil rights and liberties (e.g., Roe v. Wade).

• Critics argue it gives unelected judges too much power to shape policy.

Judicial Restraint

• A philosophy where judges defer to the decisions of the legislative and executive branches.

• Emphasizes respect for precedent (stare decisis) and a narrow interpretation of constitutional provisions.

• Advocates believe courts should avoid making policy and should not strike down laws unless absolutely necessary.

• Often associated with conservative legal thought.

Originalism

• A method of constitutional interpretation that seeks to understand the Constitution as it was intended by its framers at the time it was written.

• Often linked with judicial restraint, though not always.

• Practiced by justices like Antonin Scalia and Clarence Thomas.

• Critics say it limits adaptation to modern circumstances; supporters say it guards against judicial overreach.

🔷 CONSTRAINTS ON JUDICIAL POWER

Internal Constraints

• Limitations that come from within the judiciary itself, including:

  • Stare decisis (respecting precedent).

  • The need to maintain the Court’s legitimacy and cohesion.

  • Judicial norms and ethics (e.g., impartiality, judicial codes of conduct).

  • Strategic thinking—justices may avoid extreme rulings to preserve credibility.

Public Accountability

• Though federal judges are appointed for life, they are not entirely unaccountable:

  • The Court’s legitimacy depends on public trust and perception.

  • Public opinion can influence how boldly or cautiously the Court acts.

  • Media scrutiny, academic analysis, and historical reputation matter.

• Judges are also subject to impeachment for unethical behavior (though rare).

Checks and Balances (on the Judiciary)

• The Constitution limits judicial power through the system of checks and balances:

  • Congress can rewrite laws, amend the Constitution, or alter court jurisdiction.

  • The President appoints justices (with Senate confirmation).

  • Congress can impeach and remove judges.

  • The executive may refuse to enforce court rulings (rare and controversial).

• Ensures that the judicial branch does not become too powerful or unaccountable.

🔷 THE MODERN SUPREME COURT

The Roberts Court

• Refers to the U.S. Supreme Court under Chief Justice John Roberts (since 2005).

• Known for a mix of:

  • Conservative rulings (e.g., Shelby County v. Holder, Dobbs v. Jackson),

  • Some institutional moderation led by Roberts to protect the Court's image,

  • Occasional swing votes (Roberts himself or other justices like Kennedy or Barrett in some cases).

• Deals with major issues like abortion, gun rights, voting rights, executive power, and LGBTQ+ rights.

• Reflects the tension between judicial activism and restraint, especially in high-profile decisions.