Judiciary Study Guide

amicus curiae

A brief submitted by a "friend of the court"

civil case

A case involving a noncriminal matter such as a contract dispute or a claim of patent infringement

judicial restraint

A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures

solicitor general

A presidential appointee and the third-ranking office in the Department of Justice. They are in charge of the appellate court litigation of the federal government.

dissenting opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

judicial review

Allows the court to determine the constitutionality of laws

judicial activism

An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)

concurring opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

What is the jurisdiction of the federal courts?

Conducts arraignments, sets bail, takes pleas and conducts trials

Marbury v Madison

Established judicial review

Structure of the Federal Court System

Lower Courts, Courts of Appeal, Supreme Court

Chief Justices

Marshall, Taney, Burger, Warren, Rehnquist

Judge selection

Non Partisan Election, Partisan Election, Gubernatorial appointment, legislative selection, merit selection./// US Constitution does NOT mention any formal qualification to be a federal judge. The President appoints, the Senate confirms.

senatorial courtesy

Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.

criticisms of senatorial courtesy

Technically, "senatorial courtesy" refers to a tacit agreement among senators not to vote for any presidential nominee who is opposed by the senators from the nominee's home state it can lead to a stalemate and the court not having 9 justices

granting certiorari

When 4/9 Supreme Court justices agree to hear a case

criminal case

a case in which a defendant is tried for committing a crime as defined by the law

majority opinion

a statement that presents the views of the majority of supreme court justices regarding a case

which cases are brought to the court?

cases that have enough info to be ruled on and have standing are brought to court

Influences over the supreme court:

congress

different eras of the court

eras of the court change, depending on the president in office// the new deal brought about a very liberal court, since FDR was president for 3 terms, dying in his 4th

what factors influence the court's decisions to grant certiorari

factors to grant cert are: precedence, info on the issue, if it is worthy of the supreme court, it is a nationwide issue

requirements for bringing a case to trial

for a case to be brought to trial, it must have standing (meaning it must have a reason to be there) and it needs to be an issue of the court, it can't be a fight between two homeless men over a half eaten enchilada

What influences supreme court decisions?

influences are usually individual ideologies, with each going with what they believe is right, since they owe no allegiance to any parties

background of federal judges

most federal judges have a background in law and defending or persecuting

weaknesses of the judicial branch

parliamentary sovereignty, HRA not binding, judges can't be proactive, judges neither elected nor accountable so not legitimate, where judges are believed to be obstructing government, the law can be amended to force them to comply with government wishes

The Judicial Branch and the United States Constitution

the constitution establishes a supreme court but never says how many justices are supposed to be on it, but it is understood as 9

Court's views regarding federalism

the court almost always favors the federal government in federalism

History of the Supreme Court

the court is overwhelmingly protestant and white male in the past but there is much more diversity now, with several justices being Jewish

What becomes precedent?

when a court has ruled on that issue before

implementation powers of the court

when the court says something is unconstitutional or not, it is law, and is passed on to the president to execute that law

standing to sue

you cant just sue for anything- the requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government

role of the court: economy

• 1860's-1930's: When can the economy be regulated by the states ad when by the national government? • Private property and 14th amendment 14th and 15th Amendments and the effect on African- Americans

Nature of the Federal Court System

• Judicial Restraint Approach- judges should decide cases strictly on the basis of the language of the Constitution • Activist Approach- judges should discern the general principles underlying the Constitution and apply them to modern circumstances

role of the court: slavery

• President Jackson's appointment of Chief Justice Roger B. Taney • The Dred Scott case (1857)

role of the court: civil liberties

• Supreme Court decisions • FDR's "Court Packing Scheme" • The Court's changing composition • Chief Justice Earl Warren