Unit 2: Judicial Branch

writ of certiorari

And order by a higher court directing a lower court to send up a case for review, most are in this category

Constitutional courts

District courts and courts of appeals

Judicial activism

Does this should make old policy decisions and even chart new constitutional ground, loose constitutionalist

Judicial implementation

The translation of court decisions into actual policy that affects the behavior of others, due to the court having to rely on other branches to carry out decisions, president or Congress can sidestep/ignore decision, howevercourt decisions that affect the central government usually become affective immediately

senatorial courtesy

The Senate will not confirm District Court judge if senior senator from the state where the court is located objects

Standing to sue

When the plaintive has a serious interest in the case, they had to stand or are likely to sustain a direct injury from the government

dissenting opinion

Written by justices who oppose the majority

concurring opinion

Written in support of the majority but stress is a different legal basis or point of view

Original intent

The idea that the Constitution should be viewed according to the original intent of the framers

Article 3 of the Constitution

-an "afterthought" -section 1: only mentions Supreme Court, congress gets to make federal courts; judges serve for life and only check is "good behavior" -section 2: defines jurisdiction of federal courts, gives appellate jurisdiction to SC -section 3: confused on treason activities

Checks on judicial power

-judges have no enforcement mechanism' -confirmation by senate -impeachment for bad behavior -changing the number of judges -public opinion -revising legislation -amending the constitution (2/3 congress +3/4 states to do so) -altering jurisdiction

District courts

91 federal courts, have original jurisdiction, deals with cases such as: federal crimes, civil suits under federal law and across state lines, supervise bankruptcy and naturalization, review some federal agencies, admiralty and maritime law cases and supervision of naturalization of aliens

Litmus test

A "test "of ideological purity such as attitude toward abortion rights and civil liberties (after 9/11)

Justiciable disputes

A case must be capable of being settled as a matter of law - a cytisine cannot sue about whether Congress should find a social program, it can't be hypothetical either

Diversity cases

A type of federal case pertaining to citizens of different states

Federal questions

A type of federal case where the question pertains to the U.S. Constitution, an act of Congress, or a treaty and provides a basis for federal jurisdiction in a case.

Jurisdiction stripping

Also known as court stripping, limits the courts jurisdiction and power in here in cases on specific topics (ex- house denies courts power to hear cases involving "under God quote with respect to Pledge of Allegiance)

Amicus curiae

Briefs used to influence the court or where is additional points of you as well as information not contained in briefs of formal parties

Gideon v. Wainwright

Case that determines everyone is entitled to a lawyer and brings about public defenders

Marbury v. Madison

Chief Justice John Marshall established judicial review with implied powers from article 3

original jurisdiction

Courts that hear the case first and determine the facts (includes trial court)

Judiciary Act of 1789

Established all other federal courts other than the SC which was required by the constitution

Warren court

Expansion of civil rights and liberties, more rights, Brown v. Board of Education

Constitutional cases

First go through state court to later be appealed to the US Supreme Court in they were questioning the constitution

appellate jurisdiction

Given to Supreme Court by section 2 of article 3 of the constitution, states that federal cases can only be appealed to the SC if it's been heard in a lower court

Attorney General

Head of the department of justice

Senate Judiciary Committee

Interviews the nominee for SC and holds hearings before they go to for senate, if committee read Jack's nominee the senate usually rejects the nomination

judicial restraint

Judges should play a minimal policymaking role, strict constitutionalist

Stare decisis

Letting previous decisions on stand unchanged, prevent=how similar past cases were decided, they may be overruled but this is rare, precedent can also be further clarified

Marshall court

Marbury v. Madison (1803) established judicial review - courts determine the constitutionality of acts of Congress, significantly expanded the power of national government

Political questions

Matter that the constitution leaves to another branch of government (ex-which group of officials of a foreign nation should be recognized as a legitimate government)

The Burger court

More conservative, but known for upholding Roe v. Wade, upheld that abortion is legal

The Rehnquist court

Much more conservative and limited liberal Rawlings from previous 2 quarts, mostly conservative rulings but not all

majority opinion

One justice writes it, it is a statement of the legal reasoning behind a judicial decision on a case, the content of it is important as it instructs other judges of state/federal courts on how to decide similar cases, Marshall establishes judicial law this way

Judicial Review

Power of judicial branch to rule on the constitutionality of laws and actions, significantly increases the branches power

solicitor general

Represents the government to the supreme court

dual sovereignty

State and federal authorities may prosecute the same person for the same conduct under both state and federal law

Legislative courts

They have specialized purposes such as the court of international trade, tax court or the court of military appeals

Court of appeals

has appellate jurisdiction-reviewing the legal issues in cases from lower courts, holds no trials and hears no testimonies, set precedent for district courts, 13 circuit courts, focuses on error of procedure and law not the facts of a case

Federalist No. 78

written by Alexander Hamilton; says the judicial branch is the weakest and has "no influence over either the sword or the purse", depending on other branches to implement rulings, advocates for tenure for life of judges, most cited by judges today