AP Government [Chapter 9-Judicial Branch]

What is an appellate court?

(Appeals Court) Court of second instance or second instance court; Is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal

What are the 9 types of cases the US Supreme Court can hear?

1. All cases arising under the constitution and laws or treaties of the United States 2. All cases of admiralty or maritime jurisdiction 3. Cases in which the United States is a party 4. Controversies between a state and citizens of another state. (later modified by the eleventh amendment) 5. Controversies between citizens of the same state claiming lands under grants in different states 6.Controversies between citizens of different states 7. Controversies between a state, or the citizens thereof, and foreign states or citizens thereof 8. Controversies between a state, or the citizens thereof, and foreign states or citizens thereof 9. All cases affecting ambassadors or other public ministers

What are the 2 criteria needed for the supreme court to hear a case?

1. The case must come from: a US court of appeals, a court of military appeals, district court, or a state court of last resort 2. The case must involve a federal question. Thus, the case must present questions of federal constitutional law or involve a federal statue, action, or treaty

District Courts hear cases falling into 1 of 3 areas what are the 3 areas?

1. They involve the federal government as a party 2. They present a federal question based on a claim under the US constitution, or a treaty with another nation or federal statue. This is called federal question jurisdiction and it can involve criminal or civil law. 3. They involve civil suits in which citizens are from different states, and the amount of money at issue is more than $75,000

How is the supreme court set up?

8 associate justices and 1 chief justice, whom the president nominates specifically for that position. The size of the court has not been specified by the legislative branch and in the past has changed from 9

What is a trial court?

A court that determines the facts of the case

What is senatorial courtesy?

A custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee's state, especially from the senior senator of the president's part from that state

What is strict constructionist?

A philosophy of judicial decision making that posits judges should use their power broadly to further justices. (They take into account personal views)

What is writ of certiorari?

A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretetion. The word "certioari" comes from law Latin and means "to become fully informed". A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it

What is brief?

A written legal argument, usually in a format prescribed by the courts

How does the supreme court decide to hear a case?

After the applications are narrowed through state and federal courts; and then clerks; then the justices listen to briefs and rely on the "rule of 4" to pass them on to hearing

What is judicial restraint?

Argues that courts should allow the decision of other branches to stand, even when they offend a judges own principles

How are federal judges selected?

By the appointment of the United States, with the approval of the US senate

What are the legislative courts?

Courts created by Congress under article I of the US constitution whom are subject to deciding on, removal from office and salary reduction.

What are the constitutional courts?

High courts that deal primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are unconstitutional

What happened in the court case Marbury v. Madison?

It established the implied power of judicial review

What did the judiciary act of 1789 do?

It established the three-tiered structure of the federal court system

What is judicial review?

It is the doctrine under which legislative and executive action are subject to review by the judiciary

What is the rule of 4?

It only takes 4 of 9 justices to approve writ of certoirari

What is jurisdiction?

It refers to the types of cases the court is allowed to hear.

Who are federal judges?

Judges who appointed by President and confirmed by the Senate

What is stare decisis?

Latin for "to study by a decision" In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases

What is amicus curiae?

Latin: "friend of the court" The name for a brief filed with the court by someone who is not a party to the case. (Impartial)

What is the process of hearing and deciding a case in front of the Supreme Court?

Oral arguments from lawyers of both sides, then conference of justices followed by their vote, then the chief justice appoints a associate justice to write the opinion of the vote for presentation

What is original jurisdiction?

Refers to the court's authority to hear disputes as a trial court

What is appellate jurisdiction?

Refers to the courts ability to review and/or revise cases already decided by a trial court

How does the supreme court write their opinions?

The chief Justice appoints a justice to write the opinion. Written in strict wording, establishes views and tone of the courts decision, usually wrote to reflect at least 5 of 9 justices' opinions

What is the confirmation process of federal judge?

The constitution gives the power of confirming a Justice to the senate of which is influenced by an investigation of the justice and the lobbying of interest groups

What is the solicitor general?

The fourth-ranking member of the Department of Justice. Responsible for handling nearly all appeals on behalf the US Government.

What is the nomination criteria of federal judge?

The president chooses typically based on their: experience, reward (Friends of president), ideology or policy preferences, pursuit of political support, religion, race/ethnicity/gender

What is the function of the federal court of appeals?

They hear the appeals of federal court decisions

What is the role of clerks for the supreme court?

To perform various tasks ranging from searching arcane facts to playing tennis or taking walks with justices