Judiciary Notes

Judiciary Overview

Judicial Review

• Definition: The power of American judges to nullify decisions and actions by other branches of government that are deemed unconstitutional. If a court finds a law or action unconstitutional, it is voided and must be changed to comply with the Constitution.

• Key Case: Marbury v. Madison (1803)

  • This landmark case asserted the power of judicial review for the U.S. Supreme Court.

  • Judicial review is not explicitly stated in the Constitution.

  • This case marked the first instance of the Supreme Court invalidating a portion of the Judiciary Act of 1789 for being unconstitutional.

• Scope:

  • Judicial review extends to actions of state and local governments as well as federal actions.

Supreme Court Actions

• Strict Scrutiny: A form of judicial review that mandates the government to demonstrate a compelling interest in any law that differentiates based on race or ethnicity.

• Judicial Activism: An approach where judges take an active role in reviewing and sometimes overturning actions of other branches of government.

• Judicial Restraint: A philosophy advocating for limited judicial intervention, only stepping in as a last resort.

Roles within the Judicial System

Judge

• Responsibilities include reviewing legal arguments presented through motions.

• Makes decisions regarding evidence and witness testimony, determining who may testify and which evidence is permissible in court.

Prosecutor

• Duties include presenting evidence collected by law enforcement (police) and making legal arguments to establish that the defendant committed the crime.

• Evidence presented must support these legal arguments.

• Must prove the defendant's guilt beyond a reasonable doubt and has the authority to cross-examine defense witnesses.

Defense Attorney

• Responsibilities include constructing legal arguments to establish doubt regarding the prosecution's case.

• Provides witnesses and evidence to counter the prosecution's arguments and can cross-examine witnesses called by the prosecution.

Defendant

• The individual accused of a crime, holding rights under the 6th Amendment to a jury trial and under the 5th Amendment to avoid self-incrimination.

Jury

• Composed of randomly selected individuals fulfilling their civic duty to apply case facts to legal principles provided by the judge in order to determine guilt or innocence.

Structure of U.S. Courts

Court Framework and Functions

• Checks and Balances: U.S. courts serve as a crucial component of checks and balances in government.

• Constitutional Interpretation: Courts interpret the Constitution to safeguard individual rights from both societal and government oppression.

Supreme Court

• Composed of 9 justices nominated by the President and confirmed by the Senate.

• Justices serve lifetime appointments, presiding over cases they choose based on the rule of four, which necessitates at least four justices agreeing to hear a case.

• Established under Article III of the Constitution, the Supreme Court has the authority to review constitutionality and hear cases across jurisdictions.

Court Jurisdiction

• Original Jurisdiction: The authority of a court to hear a case for the first time; notably, the Supreme Court has original jurisdiction over disputes between states or involving foreign ambassadors.

• Appellate Jurisdiction: The authority to review the decisions made by lower courts, which may change or affirm those decisions.

• Judiciary Act of 1789: Established the district courts where evidence is introduced and arguments are presented; appellate courts review lower court decisions focusing on legal procedures rather than guilt or innocence.

• The Supreme Court acts as the highest court of appeal and hears only a limited number of cases annually (a few hundred).

Landmark Cases in U.S. Judiciary

Federal Court System

Overview

• There are 94 U.S. District Courts across the fifty states and territories which serve as trial courts where evidence is presented and witnesses are heard.

• There are also 13 U.S. Court of Appeals (Circuit courts) serving as intermediate appellate courts.

• Lawyers submit appellate briefs to argue for a different ruling based on evidence and previous rulings.

• Decisions from circuit courts may be appealed to the Supreme Court.

Legal Doctrine

• Stare Decisis: The doctrine that court decisions should be based on precedents established in previous rulings, which confers legitimacy on the court’s decisions.

• Courts do not create legislation; they refer legislative matters to Congress for statutory changes.

Selection and Functioning of Judges

Judge Selection Process

• Senatorial Courtesy: A tradition where Senators defer to each other concerning the appointments of judges from their states.

• Filibuster Mechanism: Can be used to delay or block the appointment of a judge.

Supreme Court Dynamics

• The Solicitor General represents the Federal government before the Supreme Court, with two-thirds of cases involving the federal government.

• The Chief Justice leads the court and writes majority decisions when in the majority.

• Eight associate justices are appointed by various Presidents and confirmed by the Senate.

• Justices are expected to be impartial, avoiding overt political biases.

• Cases are listed on the docket, which serves as a calendar of cases to be heard.

• Briefs are succinct arguments that clarify each party's stance on a case, filed by respondents.

• Oral arguments are presented by both sides to argue their legal positions.

Legal Concepts and Doctrines

Legal Systems

• Adversarial System: A legal framework where judges serve as neutral arbitrators while prosecution and defense vigorously argue their respective cases.

• Common Law: A legal system developed through judicial decisions over centuries rather than through legislative statutes.

Legal Submissions

• Amicus Brief: A document submitted by someone not directly involved in a case, providing information on an issue relevant to the case.

• Litigation: The process of conducting a lawsuit, generally in civil law.

• Mediation: A process of resolving disputes outside of court, facilitated by a third-party mediator.

Legal Doctrines

• Clear and Present Danger: A doctrine that restricts free speech when officials believe that the speech may incite prohibited actions, such as violence or terrorism.

• Dual Court System: The coexistence of separate state and federal court systems in the United States, where each state system interprets its laws and state constitution.

Legal Terminology

• Civil Law: Concerns cases involving disputes between two parties, typically not criminal in nature.

• Criminal Law: Pertains to cases where an individual is accused of violating laws.

• Plaintiff: The party initiating a lawsuit.

• Defendant: The individual being sued in a court case.

Court Opinions

Types of Opinions

• Majority Opinion: Details the majority’s reasoning for the outcome of a case, as agreed upon by most judges.

• Prior Case Law and Case Precedent: Legal rules established by judicial decisions that guide the future decisions of courts.

  • Judges prioritize using prior case law, refraining from setting policy themselves, which is reserved for Congress.

• Precedent: Judicial rulings that serve as a guide for similar future cases.

• Stare Decisis: The principle of resolving cases based on prior rulings and established precedents.

• Statutes: Laws created by legislatures at both state and federal levels.

• Concurring Opinion: An opinion by a judge who agrees with the majority’s outcome but wishes to articulate additional reasons for that decision.

• Dissenting Opinions: Opinions by judges who disagree with the majority’s ruling, outlining their reasoning for dissent.

Legal Proceedings

• Writ of Certiorari: A legal order that requests a higher court to review a lower court’s case. Specifically, it is the method by which parties request the Supreme Court to hear a case.

• Rule of Four: The requirement that at least four justices must agree to hear a case before it is presented to the Supreme Court.

Grounds for Granting Certiorari

• Cases may be granted certiorari if:

  • There are conflicting decisions among different courts.

  • State court decisions conflict with established precedent.

  • State courts conflict with federal court decisions.

  • Cases deemed of special urgency may be fast-tracked.

Interpretative Approaches

Approaches to Judicial Interpretation

• Flexible Interpretation: This perspective allows the meaning of the Constitution to adapt to changing social values, conditions, and challenges over time.

• Attitudinal Model: An analysis approach that looks at judges' individual decision patterns to discern underlying attitudes and values that influence judicial outcomes.

• Strategic Voting Model: This model identifies how judges make strategic decisions aimed at achieving preferred outcomes in cases.

• New Institutionalism: An approach that highlights the significance of court structures and processes, as well as the judiciary’s role within the broader governance system.