Judicial Branch MUST KNOW

Electoral College

A group of people named by each state legislature to select the president and vice president, 270 votes to win

Concurring

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

amicus curiae briefs

Before the hearing, the Justices read briefs prepared by each side in the case. They also read amicus curiae (friends of the court) briefs that are written by those groups affected by the case.

judicial branch

Branch of government that decides if laws are carried out fairly. Determine if a law is constitutional or not

Levels of Courts in the Judicial Branch

District: lowest- trial court, appellate- middle, supreme- final say. The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system.

Scott vs. Sanford

Dred Scott was a slave taken from Missouri to Illinois by his slave owner Sanford and lived on free soil for a very long time. He argued that since he lived on free soil for such a long time, that he should be free. Scott sued Sandford because he said he was a free citizen in the state of Missouri. The court ruled that Scott was guilty because he did not have the right to bring this case to court since he was not a citizen.

locke,Montesquieu, Rousseau and Hobbes- what did they have in common

These thinkers valued reason, science, religious tolerance, and what they called "natural rights"—life, liberty, and property. Enlightenment philosophers John Locke, Charles Montesquieu, and Jean-Jacques Rousseau all developed theories of government in which some or even all the people would govern.

original jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case. the right to hear a case first, the power of the Supreme Court to rule laws unconstitutional

How are federal judges selected?

The president appoints them and the Senate has to approve them.

Marbury vs Madison

The supreme court declared an act of congress unconstitutional, the first one to apply the judicial review. William Marbury did not get a commission before Jefferson became president , so Jefferson directed his secretary of state: James Madison to withhold the commission and Marbury petitioned to the supreme court to compel Madison to act. The court ruled that Madison was wrong to prevent Marbury from taking office. Established the idea of "judicial review"

nomination, approval and term parameters of federal justices

all federal judges are nominated by the president and approved by a majority of the senate. president nominates, senate confirms

Amicus curiae is best characterized as ________.

an interested person or group submitting a brief even though they are not involved in the case

concurrent jurisdiction

authority for both state and federal courts to hear and decide cases

exclusive jurisdiction

authority of only federal courts to hear and decide cases

Three branches of our government. Role and people

legislative- making ad passing laws, executive-enforce laws, judicial-interpret laws.

stare decisis

or lower courts

Congress options if a law is ruled unconstitutional by the Supreme Court

pass a law similar but take unconstitutional part out. The court can review any federal, state, or local law or action to see if it is constitutional. What happens if the Supreme Court finds an action or law unconstitutional? If the Court decides a law is unconstitutional, it has tge power to multiply, or cancel, that law or action.

what national office holder ultimately must enforce Supreme Court decisions?

president and attorney general

How does the executive branch have power over the judicial branch?

president appoints federal judges

three things the lower federal court systems do

resolve disputes, set precedents, interpret the law

judicial review

review by the US Supreme Court of the constitutional validity of a legislative act. established by the decision of Marbury vs Madison

Magna Carta

(1215) a charter of liberties (freedoms) that King John "Lackland" of Englad was forced to sign; it made the king obey the same laws as the citizens of his kingdom

Judicial checks Executive

-declare executive branch actions unconstitutional -chief justice presides over impeachment trial.

court of appeals job is to

1. reverse the decision 2. affirm the decision 3. send case back to the district court

Reserved Powers Clause of the Constitution

10th amendment, reserved powers. "whatever is not explicitly stated as a responsibility of the federal government, is under control of the states"

appeals from district courts usually are heard in that courts?

13 courts of appeals

national law vs state law

A federal law applies to the nation as a whole and to all 50 states whereas state laws are only in effect within that particular state. "supreme law of the land"

Republic

A form of government in which citizens choose their leaders by voting

when an attorney is before the Supreme Court, how long do you have to plead your side of the case?

30 minutes

How many Supreme court judges are there?

9

amicus curiae

A Latin term meaning "friend of the court." Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or oral arguments in support of one side.

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power can declare laws unconstitutional for both.

Who has the power to create other Courts?

Congress

After case is heard in District Court, it moves to

Court of Appeals, there are 12

Court Packing Scheme

FDR's plan to "pack" the Supreme Court with supporters to keep his New Deal programs from being declared unconstitutional

plessy vs Ferguson

Homer Plessy was sent to jail for one night for sitting in a "white car". His color was white but he was considered black and was supposed to sit in the "colored car." The supreme court ruled that the law did not violate the 14th amendment and that "separate, but equal" was legal.

What does the Supreme Court look like today vs its inception?

In the early decades of the twentieth century, the Supreme Court was often perceived as protecting property and enterprise against progressive legislation.

amicus curiae brief

Literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.

Roe vs Wade

Norma McCorvey was pregnant and wanted an abortion but the Texas law banned it. The case went to court and the judge decided "despite the fact that there was no right to have an abortion in the constitution, it was still wrong to prevent Roe from having an abortion." Abortion is okay through 2nd trimester

job of justices

Obligation to uphold the constitution by interpreting laws to make sure they are constitutional Supreme Court is the final judge in all cases involving laws of Congress, and the highest law of all — the Constitution. The Supreme Court, however, is far from all-powerful. Its power is limited by the other two branches of government. The President nominates justices to the court.

judicial checks on legislative

Rule federal and state laws unconstitutional, can declare acts of congress unconstitutional

a member of the legislative branch

Speaker of the House

appellate jurisdiction

The authority of a court to review decisions made by lower courts. Reviews cases previously decided by a lower court.

majority

The candidate or party that wins more than half the votes cast in an election, winning side

Federalism- define and examples of countries that implement this

Three Countries that Have a Federalist Government. ... Some examples of Federalism include the United States, Canada, and the European Union. Federalism is a system of government in which entities such as states or provinces share power with a national government.

Articles of Confederation

US first attempt at a constitution, states had too much power and federal gov didn't have enough. 1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade)A weak constitution that governed America during the Revolutionary War.

Final authority in interpreting the Constitution

United states supreme court. As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution. The Supreme Court is "distinctly American in concept and function," as Chief Justice Charles Evans Hughes observed.

Cases for Circuit Court

Vandalism, Traffic Cases, Theft Murder, Property Disputes

the Supreme Court hears appeals from lower federal courts, and some from state courts. What three original jurisdictions does the Supreme Court hear?

cases concerning diplomatic representatives of foreign nations, disputes among state authorities, disputes between the federal government and the states

what are the trial courts of the federal system?

committing a crime on a federal property

Federal Court Jurisdiction

deal with cases involving US laws, treaties with foreign nations, or interpretations of the Constitution, ambassadors, maritime laws, between states

dissenting

expressing a different opinion, loosing side

the basic task of the district courts is to determine the_____ and then reach a _______ by applying the law to them

facts, verdict

term of office for federal judge

for life

Supreme Court appointments have become among the most important decisions a president makes...judicial appointments can

influence national politics for years after the president who appointed them leaves office

what does the judicial branch do?

interprets the laws

judicial activism

judicial rulings being suspected if based on personal opinion

what is a legal brief?

legal arguments, written record of the lower court

Rights of the accused. Significance?

right to trial by jury, right to a speedy trial, and to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.

brown vs board of education

separate is not equal, segregation of schools

Legislative Branch

the branch of government that makes the laws

Which court would rule on the consitutionality of the Supreme Court?

the court of appeals

Supreme Court

the highest federal court in the United States, 800 make it each year but only hear 100