CHAP 9 REVIEW: THE JUDICIARY

Writ of certiorari

The formal term for an order by which the Supreme Court acts in its discretion to review a case from a lower court (Pg. 249)

Motives or reasons a Justice may vote to hear or not to hear a case, as discussed by the text:

The justices decide to hear only those cases that are considered so important that they justify intervention at such a high level. Two other factors may also increase the likelihood that the Supreme Court will hear a case: (1) when the federal government intervenes in the case (2) when there is a split among two or more of the US circuit courts of appeals on a similar issue... OR some justices as a matter of strategy may vote to deny the petition for cert, even when they think the lower case was wrongly decided, because they do not want their colleagues to transform the lower court precedent into a Supreme Court edict applicable throughout the land (Pg. 249)

Solicitor General

The lawyer representing the U.S. government before the U.S. Supreme Court (Pg. 251)

Six reasons why Justices vote the way that they do, as outlined in the text:

(1) Legal rules and precedents. The law itself. (2) Changes in circumstances. Sometimes changes in real life conditions and circumstances may influence how laws are interpreted. (3) Ideological "attitudes." (Liberal or conservative on law enforcement issues, free speech, and so forth) (4) Personal traits and characteristics. Males and females may approach political events differently (5) Intra-Court politics. A justice's interest in maintaining good relations with fellow justices may push him or her to vote in certain way (6) External political pressures. Public opinion may thus play a role in determining the language of opinions and even the outcome of some cases (Pg. 252)

The five factors a president might consider when appointing a new Justice to the Supreme Court, according to the text:

(1) The nominee's ideological and policy preferences. A nominee's views on abortion, school prayer, and other hot-button issues (2) Judicial competence. The America Bar Association (ABA) an interest group of lawyers, rates candidates for every federal judicial vacancy on a scale from "highly qualified" to "not qualified" on the basis of their legal background and accomplishments (3) Political loyalty. Although loyalty has diminished somewhat as a priority in recent years, presidents still occasionally practice old-fashion politics in the selection of nominees, choosing a justice based on a background of service to the president's party or to the president (4) Demographic factors. A president may choose a candidate for the diversity the nominee adds to the demographics of the current Supreme Court (5) The current political environment. Presidents are well aware of the political conditions that surround a particular court vacancy, and more often than not they respond to it through their nomination choices (Pg. 245)

Three categories that will allow a case to begin in the federal court system:

(1) the lawsuit requires interpretation of the US Constitution, a federal law, or a treaty of the United States (2) the federal government is suing or prosecuting someone, or is itself being sued (3) the lawsuit is between two citizens of different states suing for an amount of more than $75,000 (Pg. 234)

Understand how a case flows through the federal court system, from a federal district court to the US Supreme Court:

(See Figure 9.2) After the federal district court has rendered its judgment, appeal is available to one of the 13 federal appeals courts (or "circuit courts of appeals") across the country. Litigants who receive an adverse judgment in the federal appeals court and wish to be heard in the US Supreme Court may petition for a writ of certiorari, which is the pleading of a losing party's files with the Supreme Court asking it to review the decision of a lower court (Pg. 235)

Understand the five "limitations that court systems must adhere to," according to the text:

1. Courts cannot initiate or maintain lawsuits. The United States cannot decide issues that are not currently before them in a legitimately filed lawsuit 2. Courts can hear only those lawsuits that constitute true "cases" or "controversies." Judges may hear and resolve only those lawsuits that amount to legitimate "cases" or "controversies" and must ignore mere "hypothetical" or "theoretical" conflicts 3. Courts must rely on other branches for enforcement. Unlike the other branches of government, courts rely on other political institutions to put their opinions or orders into direct effect (Ex: police officers, marshals, and executive branch officers, must carry out the courts' mandates) 4. Courts must adhere to limitations that arise from constitutional or statutory law (appellate jurisdiction and original jurisdiction) 5. Courts in general rarely stray too far from the reigning political majority. The Supreme Court often defies public opinion in the short run, its opinions usually fall in line with the dominate national majority coalition in the long run (Pg. 243)

Indictment

A decision by a grand jury authorizing the government to proceed to trail against the defendant (Pg. 237)

Complaint

A document written by the plaintiff arguing why the court is empowered to hear the case and explaining why the plaintiff is entitled to some form of relief under the current law (Pg. 236)

Who can file a "cert petition":

A federal district court (Pg. 249)

Grand jury

A jury whose duty it is to hear the evidence offered by a prosecutor and determine whether a trial is justified (Pg. 237)

Class action lawsuit

A lawsuit filed by a large group of people with clearly defined common interests (Pg. 242)

Understand how a case may be appealed "beyond the state supreme court directly to the US Supreme Court":

A losing party must first exhaust all of the remedies available at the state level, including losing his or her case at the state system's court of final appeal. He or she must also demonstrate there is a federal question at issue, whether based on the interpretation of a federal statute or of the US Constitution (Pg. 233)

Number of Justices required for a majority opinion, and how it is determined which Justice will write the majority opinion:

A majority opinion requires agreement of at least 5 of the Court's nine members. The chief justice has just one vote like his colleagues, but if he is in the majority, the chief justice also has the power to choose who will write the Court's main opinion. If the chief justice is not in the majority, the senior-most associate justice in the majority retains that power of assignment (Pg. 251)

Plea bargain

A pretrial negotiated resolution in a criminal case in which the defendants seek to reduce their jail sentences by pleading guilty and in return prosecutors are willing to trade down the severity of the punishment (Pg. 237)

Discovery

A stage of pretrial litigation in which the plaintiff and defendant have the right to learn what information the other side has about the case by requesting documents or materials, access to property, and/or examinations, or by offering answers to questions about the litigation either in written form or verbally at a deposition (Pg. 236)

Litigation

Any judicial contest, including all events that lead up to a possible court event (Pg. 236)

How all federal judges and Supreme Court Justices are selected to the position:

Appointed by the president, subject to confirmation by a majority vote in the US Senate (Pg. 244)

Article of the Constitution that establishes the Supreme Court:

Article III of the Constitution (Pg. 234)

Understand how a case proceeds through the US Supreme Court once the Court decides to hear it, as outlined in the text:

Both the losing and winning parties in the lower court file written documents called briefs arguing why constitutional or federal statutory law weighs in favor of their respective positions After all party and amicus briefs have been filed, the Supreme Court justices normally hear oral arguments from opposing counsel in the Supreme Court's chamber. Shortly after the oral arguments are completed and the case has been formally submitted, the justices meet in conference to discuss the case, offer initial votes, and assign opinions (Pg. 250)

Understand the structure and function of state courts:

Every state maintains trail courts, which do the bulk of work processing cases at lower levels of the state legal system. All 50 states maintain at least one high Supreme Court. They resolve conflicts like business disagreements and grievances that citizens may have against each other, also punish crimes that violate state and local laws. (Pg. 233)

Understand the "Rule of Four" in the process by which the US Supreme Court chooses to hear a case:

If the four of the nine justices vote to hear the case, it is placed on the Court's official docket of cases that it will hear during the coming year (Pg. 249)

Understand the importance of a concurring and dissenting opinion:

Individual justices may choose to write other opinions either on their own or on behalf of a minority of justices. A concurring opinion agrees with the end result reached by the majority but disagrees with the reasons offered for the decision. A dissenting opinion, on the other hand, disagrees with the result reached by the majority. Justices write concurring and dissenting opinions both to register their differences with the majority and to lay the groundwork for the future, when those alternate grounds may one day secure the support of a Court majority (Pg. 251)

Understand the difference between an inquisitorial and adversarial judicial system, and which one the US uses:

Inquisitorial system - In which judges, working on behalf of the government, are responsible for gathering information relevant to the disposition of a particular case Adversarial system - In which opposing parties contend against each other for a result favorable to themselves. The US legal system is an adversarial system (Pg. 236)

Understand whether or not the US Constitution includes the concept of judicial review:

It is not mentioned anywhere in the US Constitution (Pg. 239)

Common law

Judge-made law handed down through judicial opinions, which over time establish precedents (Pg. 232)

Understand the two other Supreme Court case rulings "a decade later" that "established the Supreme Court's authority in interpreting the Constitution":

McCulloch v. Maryland (1819) and Martin v. Hunter's Lessee (1816) (Pg. 241)

Original jurisdiction

The authority of a court to be the initial court in which a legal decision is rendered (Pg. 243)

Appellate jurisdiction

The authority of a court to review decisions handed down by another court (Pg. 243)

Understand whether or not the US legal system relies on common law, civil law, or a combination of both:

The modern US legal system features a combination of both these approaches (Pg. 232)

Majority opinion

The opinion of a majority of members of the U.S. Supreme Court, which carries the force of law (Pg. 251)

Concurring opinion

The opinion of one or more justices that agrees with the end result reached by the majority but disagrees with the reasons offered for the decision (Pg. 251)

Dissenting opinion

The opinion of one or more justices who disagree with the result reached by the majority (Pg. 251)

Plaintiff

The party that chooses to initiate formal legal proceedings in a civil case (Pg. 236)

Judicial review

The power of a court to declare acts of the other branches of government or of a subordinate government to be unconstitutional and thus invalid (Pg. 239)

Understand how the "power of judicial review" arose under the Marshall Court, and the case that established the principle:

The power of the Supreme Court to exercise judicial review was first established by the fourth chief justice of the United States, John Marshall, in the highly controversial case of Marbury v. Madison (1803). (Marshall's fault in the case, as Adam's Secretary of State, he had failed to properly mail the commission) (Pg. 239)

Standing

The requirement that a party must be uniquely or singularly affected by a controversy in order to be eligible to file a lawsuit (Pg. 242)

Defendant

The target of a plaintiff's complaint (Pg. 236)

Civil law

This term has two meanings: (1) legislative codes, laws, or sets of rules enacted by duly authorized lawmaking bodies such as Congress, state and local legislatures, or any executive authority entrusted with the power to make laws; (2) the body of noncriminal laws of a nation or state that deal with the rights of private citizens (Pg. 232)

How the "vast majority of cases that come before the US Supreme Court arrive" there:

Writ of certiorari (Pg. 249)

Amicus curiae briefs

Written documents filed by outside parties in the case with an interest in the outcome of the litigation expressing their own views on how the Court should decide a particular case (Pg. 250)

Briefs

Written documents filed by parties in an appealed case arguing why constitutional or statutory law weighs in favor of their respective positions (Pg. 250)