ap gov judicial branch 2.8-2.11
🔷 STRUCTURE & TYPES OF LAW
Dual Court System
The U.S. has two separate court systems:
Federal courts, established under Article III of the Constitution.
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.