AP Government & Politics | The Judicial Branch

The Judicial Branch

• Judicial Authority: The judiciary interprets laws; established by Article III of the Constitution.

• Court Structure:

  • Federal System: Three-tier system - U.S. District Courts (trial courts) -> U.S. Circuit Courts of Appeals (appellate) -> U.S. Supreme Court (highest).

  • Judges: Appointed for life by the president, confirmed by the Senate.

• Jurisdiction:

  • Supreme Court: Handles cases affecting ambassadors, public ministers, and states with original jurisdiction; predominantly an appellate court.

  • Definitions: Treason defined in Article III; requires two witnesses for conviction.

• Judicial Review: Established in Marbury v. Madison (1803), allowing courts to invalidate laws contrary to the Constitution.

• Independence of Judiciary: Judges hold lifetime appointments to insulate from political pressure; Congress cannot lower judges' salaries nor easily remove them through impeachment.

• Litigation Process:

  • Federal Crimes: Prosecution handled by U.S. attorneys, with the government as plaintiff.

  • Civil Cases: Requires proof by preponderance of evidence; typical jurisdiction involves disputes exceeding $75,000.

  • Plea Bargaining: Common in criminal cases to reduce sentences and save judicial resources.

• Special Legislative Courts: Created for specific issues, such as military or tax cases, with judges appointed for fixed terms.

• Appeals Process: Involves higher courts shaping law without re-evaluating facts.

• Supreme Court Operations: Considers cases by granting certiorari; only a fraction of cases are accepted for review.

• Public Interaction: Interest groups and the public heavily influence confirmation processes and judicial decisions through advocacy.