Judicial System: Quick Reference Notes

Size and tenure: $9$ justices; life tenure; can be changed by law; historically from $6$ to as many as $10$ ; since $1869$ fixed at $9$ .
En banc and location: located in Washington, D.C.; decisions made by the Court as a whole (en banc).
Voting to win: $5$ votes required.
Terms and sessions: begins on the first Monday in October; typically sits through end of June of the following year.
Titles: Members are called justices; others (in other courts) are called judges.
Jurisdiction: has original jurisdiction over certain cases, such as those involving states as parties or cases affecting ambassadors, public ministers, and consuls; most cases reach it on appeal or by certiorari; other routes include certification (rare) and writ of error (discontinued in $1928$ ).
Certiorari and access: Court generally reviews on appeal or via certiorari; can avoid full merits if case lacks substantial federal question; often accepts cases with circuit split or significant legal discrepancy, such as conflicting interpretations of federal law or constitutional questions among lower courts.
Terminology nuance: When text says “Court” with a capital C, it refers to the U.S. Supreme Court; lowercase “court” refers to other courts.

Dual court system concept: federal and state systems; in reality $52$ separate judicial systems (federal + 50 states + Washington, D.C.).
Supreme Court (federal level): highest federal court; composition: Chief Justice + $8$ associate justices; nominees appointed by the President with Senate advice and consent.
Writ of Certiorari: main path for most cases from lower courts (~ $85\%$ of Supreme Court cases); Rule of Four: at least $4$ justices must agree to hear a case.

Intermediate appellate courts: present in $35$ states; others go directly to state supreme court.
Trial courts: general jurisdiction; various names (circuit, district, court of common pleas, etc.).
New York quirk: its highest general-jurisdiction court is called the Supreme Court (state level).
Civil vs criminal division: some states split top courts into separate civil/criminal bodies (e.g., Texas and Oklahoma).
Stare decisis: Latin for “to abide by decided cases”; courts generally follow precedents for future cases.
State courts generally mirror federal hierarchy and follow federal patterns where possible.

Judicial practice: stare decisis leads to judicial precedent; precedent provides predictability.
Dual sovereignty: federal and state governments may prosecute crimes within their jurisdictions; vertical (federal and state about the same conduct) and horizontal (different states) prosecutions are allowed; no double jeopardy in these prosecutions.
Sources of criminal procedure rules: constitutions (federal and state), statutes, case law, and court rules.

Amendment 14: Due process and equal protection.
Due process: fundamental fairness; varies by time/place/circumstances; misconduct by police may violate due process; justified force may not.
Equal protection: equal treatment unless justified by law; practices based on race, religion, or national origin can raise equal protection concerns.
Statutory vs constitutional rights: rights in the Constitution may be expanded by federal/state law.
Example: right to counsel can be broader under state law than the federal minimum; case-by-case and statutory extensions exist.
Case law vs unwritten law: case law develops principles via judicial opinions; unwritten/common law evolves and may be codified.

Incorporation question: Do BoR protections apply to the states via the Fourteenth Amendment’s due process clause?
Four approaches to incorporation:
- Selective Incorporation: Only fundamental Bill of Rights protections deemed essential for liberty and justice are applied to the states on a case-by-case basis.
- Total Incorporation: All provisions of the Bill of Rights are applied to the states through the Fourteenth Amendment.
- Total Incorporation Plus: All provisions of the Bill of Rights, plus additional unenumerated fundamental rights, are applied to the states.
- Case-by-Case Incorporation: Rights are applied to the states one by one, based on the specifics of each legal challenge as it arises.
The goal: determine which BoR rights apply to state actions in addition to federal actions.

Judicial review: power to declare laws or public actions unconstitutional; not expressly in the Constitution but established by Marbury v. Madison, $1803$ .
Rule of law: no one is above the law; accountability of all public officials; democracy vs. totalitarian contrast.

Basic elements of a simple case brief:
- Case title, citation, year decided
- Facts, issue(s), court decision, holding, case significance
Federal vs state courts: dual court system with two levels of courts.
Jurisdiction vs venue:
- Jurisdiction: power of a court to try a case
- Venue: the place where the case is tried
Judicial precedent and case law:
- Precedent: court decisions guide future cases with similar facts
- Case law: unwritten/judge-made law; often codified in written statutes
Supervisory power: courts can promulgate regulations that supplement statutes (e.g., state supreme courts issuing procedural rules).
The doctrine of incorporation versus the Fourteenth Amendment:
- Incorp. debate centers on whether BoR applies to states; four main approaches listed above.
Rule of law reminder: all people are subject to the law and can be held accountable.
Case brief elements recap (for quick recall): 1) Case title 2) Citation 3) Year decided 4) Facts 5) Issue(s) 6) Court decision 7) Holding 8) Case significance

Supreme Court size history: $6$ originally; maximum $10$ ; fixed at $9$ since $1869$ .
Current voting threshold to win: $5$ votes.
Certiorari pathway: Rule of Four requires at least $4$ justices.
Intermediate appellate courts: present in $35$ states; total states with intermediate courts vary.
Incorporation framework options: selective, total, total plus, case-by-case.
Marbury v. Madison: $1803$ establishing judicial review.
14th Amendment: due process and equal protection applied to states through incorporation.