Chapter 13 Courts

List some checks that the legislative branch has over the courts:

- Senate approval is needed for the appointment of justices and federal judges. - Congress may rewrite a law the courts have declared unconstitutional. - Congress may withhold funding needed to implement court decisions.

Both state and federal courts hear matters that involve ________.

- both civil and criminal law

Besides the Supreme Court, there are lower courts in the national system called ________.

- district and circuit courts

One of the main ways interest groups participate in Supreme Court cases is by ________.

- filing amicus curiae briefs

The justices of the Supreme Court are ________.

- nominated by the president and confirmed by the Senate

The lawyer who represents the federal government and argues cases before the Supreme Court is the ________.

- solicitor general

In standing by precedent, a judge relies on the principle of ________.

- stare decisis

Describe the overall workload of U.S. courts, and trace the flow of cases through it. How does the Supreme Court work?

1. State trial courts (55,800,000 cases filed) 2. State intermediate appellate courts 3. State High courts 4. Supreme court 1. U.S. district courts 2. U.S. Court of appeals 3. Supreme Court 6,475 cases were filled to the Supreme Court in 2016

A case will be placed on the Court's docket when ________ justices agree to do so.

4

how many district courts?

94

When does a case go straight to the supreme court

Disputes between States. ex: 1800s Western Expansion

What does it mean for the U.S. judiciary to be a dual court system?

Federal Courts and State Courts States have their own judiciary system like fed gov Benefits: A lot of entry points for people to get their stuff heard. Downfalls: Sometimes you can be charged for something in both

common law

Law developed through court cases and judges decisions

What is judicial review and where does it originate?

The power of the federal courts expanded when, in 1803, the Supreme Court declared for itself the power of judicial review, the power of the courts to review actions taken by the other branches of government and to rule on their constitutionality. The key case establishing this power was Marbury v. Madison.

rule of four

a Supreme Court custom in which a case will be heard when four justices decide to do so

appellate court

a court that reviews cases already decided by a lower or trial court and that may change the lower court's decision

judicial restraint

a judicial philosophy in which a justice is more likely to let stand the decisions or actions of the other branches of government

judicial activism

a judicial philosophy in which a justice is more likely to overturn decisions or rule actions by the other branches unconstitutional, especially in an attempt to broaden individual rights and liberties

criminal law

a law that prohibits actions that could harm or endanger others, and establishes punishment for those actions

associate justice

a member of the Supreme Court who is not the chief justice

civil law

a non-criminal law defining private rights and remedies

brief

a written legal argument presented to a court by one of the parties in a case

The Supreme Court most typically functions as ________.

an appeals court

majority opinion

an opinion of the Court with which more than half the nine justices agree

concurring opinion

an opinion written by a justice who agrees with the Court's majority opinion but has different reasons for doing so

dissenting opinion

an opinion written by a justice who disagrees with the majority opinion of the Court

writ of certiorari

an order of the Supreme Court calling up the records of the lower court so a case may be reviewed; sometimes abbreviated cert

senatorial courtesy

an unwritten custom by which the president consults the senators in the state before nominating a candidate for a federal vacancy there, particularly for court positions

the supreme court is best described as an ________.

apellete

Of all the court cases in the United States, the majority are handled ________.

at the state level

conference

closed meeting of the justices to discuss cases on the docket and take an initial vote

When a Supreme Court ruling is made, justices may write a ________ to show they agree with the majority but for different reasons.

concurring opinion

The size of supreme judges is set by _____________.

congres

Synonym for circuit courts

courts of appeals

When using judicial restraint, a judge will usually ________.

defer to the decisions of the elected branches of government

trial courts in federal system are called ___________.

district courts

The Supreme Court's power of judicial review ________. Delete

enables it to declare acts of the other branches unconstitutional

According to the constitution how big should the supreme court be

it doesn't say

A state case is more likely to be heard by the federal courts when ________.

it involves a federal question

Who controls the size and shape of the federal courts?

largely Congress

In Federalist No. 78, Alexander Hamilton characterized the judiciary as the ________

least dangerous

amicus curiae

literally a "friend of the court" and used for a brief filed by someone who is interested in but not party to a case

The Supreme Court consists of ________.

one chief justice and eight associate justices

Marbury v. Madison

the 1803 Supreme Court case that established the courts' power of judicial review and the first time the Supreme Court ruled an act of Congress to be unconstitutional

courts of appeals/Circuit Courts

the appellate courts of the federal court system that review decisions of the lower (district) courts;

dual court system

the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts

chief justice

the highest-ranking justice on the Supreme Court

solicitor general

the lawyer who represents the federal government and argues some cases before the Supreme Court

trial court

the level of court in which a case starts or is first tried

docket

the list of cases pending on a court's calendar

original jurisdiction

the power of a court to hear a case for the first time

appellate jurisdiction

the power of a court to hear a case on appeal from a lower court and possibly change the lower court's decision

judicial review

the power of the courts to review actions taken by the other branches of government and the states and to rule on whether those actions are constitutional

stare decisis

the principle by which courts rely on past decisions and their precedents when making decisions in new cases

precedent

the principles or guidelines established by courts in earlier cases that frame the ongoing operation of the courts, steering the direction of the entire system

district courts

the trial courts of the federal court system where cases are tried, evidence is presented, and witness testimony is heard

What does original jurisdiction mean?

to hear the case first

oral argument

words spoken before the Supreme Court (usually by lawyers) explaining the legal reasons behind their position in a case and why it should prevail