Judiciary

What was Hamilton's argument about the judiciary? What is one critique of it?

Alexander Hamilton described the judiciary as "the least dangerous branch" because it has no power over the sword or the purse. However, the Supreme Court has actually played a major role in policy making: dividing authority between the nation and state, between Congress and the president, and between local and state governments, and the people.

Marbury v. Madison

An 1803 Supreme Court decision that established the Supreme Court's power of judicial review.

Judicial review

Authority of courts to declare laws passed by Congress and acts of the executive branch to be unconstitutional

Trial court

Federal trial courts at the bottom of the federal judicial hierarchy.

Why is stare decisis important to the legal system?

It means "let the precedent stand". This is important because it keeps consistency in the application of the law

Rule of four

Permits four of the nine justices to grant a writ of certiorari.

Appellate court

The court that hears the appeal of a trial court's decision.

district courts

The first level of federal court, which actually try the cases. Each decision is based not on a statute but on previous judicial decisions

circuit courts

The second stage of federal courts, which review the trial record of cases decided in district court to ensure they were settled properly

What are the differences between trial and appellate courts?

What are the differences between trial and appellate courts? 1. Witnesses 2. Judges 3. Juries Trial: In the trial court, both sides present evidence to show their version of what happened. Most of the evidence presented in the trial court comes from witnesses and evidence. There is only one judge and a jury that helps decide whether a person is guilty or innocent. Appellate: Appellate courts, there are no witnesses, and no evidence is presented. In appellate courts, the lawyers simply argue legal and policy issues before the judge or a group of judges. Did judge apply the law correctly

mootness

a case must have current relevance, otherwise it is deprived of practical significance and rendered purely academic.