What is one of the main concerns about the judiciary?
a large amount of authority is given to these non-elected officials
adversary process
confrontational legal process under which each party presents its version of events
affirmative action
policies that support greater equality, often by granting racial or gender preferences in hiring, education, or contracting
appeal
legal process whereby the decision of a lower court on a question of law can be challenged and reviewed by a higher court; i.e. a court of appeals or the Supreme Court
courts of appeals
intermediate federal courts that are above the district courts and below the Supreme Court
criminal case
government prosecution of an individual for breaking the law
civil suit
lawsuit by a person, organization, or government against another person, organization, or government
common law
judge-made law in England and the U.S. that results from gaps in statutory (written, codified, official) law
precedent
practice of reaching decisions based on the previous decisions of other judges
district (trial) courts
established by the Judiciary Act of 1789, federal trial courts at the bottom of the federal judicial hierarchy
What established the judicial branch?
Article III of the Constitution
Article I of the Constitution
separate judges set up by Congress, which help Congress perform its Article I duties; 6 separate "legislative courts," Article I judges do not serve for life, unlike those of Article III
What comprises federal court jurisdiction?
either a case involving a federal law, or a case in which the parties include the U.S., ambassadors, other public ministers, or that the parties are residents of different states
jurisdiction
lawful authority of a court to hear a case; the Constitution divides this into original and appellate jurisdiction
original jurisdiction
authority to hear a case directly from a petitioning party in a trial
appellate jurisdiction
authority to hear a case on appeal from a lower court
Article III, Section 2
states that the Supreme Court has original jurisdiction in all federal law, and appellate jurisdiction in all other cases
How many cases does the Supreme Court hear per year?
75-80 cases
Federal Judicial Hierarchy
federal district courts (94 districts) ---> federal appeals courts (13 circuits) ---> US Supreme Court
State Judicial Hierarchy
state trial courts ---> state appeals courts ---> 50 state supreme courts
Trial Court Characteristics
juries only happen at the trial court level
only trial courts view evidence and have witnesses
decide the facts
Appeals Court Characteristics
appeals courts are for when the judge's interpretation of the law is deemed incorrect by the losing party
it is a review; in no way does it determine the facts
appeals courts can overturn verdict of a lower court if a law was incorrectly applied
federal judges
all federal judges appointed by presidents and confirmed by the Senate, serve for life, can be impeached and removed for high crimes and misdemeanors
How do cases get to the Supreme Court?
1. appealed from the appeals court
2. screened by solicitor general (the gvt's lawyer) and clerks
3. can be rejected if violates rules of access
(a. controversy, b. standing, c. mootness)
4. four justices grant "Writ of Certiorari"
few cases have original
stare decisis
let the precedent stand, an English common law principle
What cases are most likely to be taken up by the Supreme Court?
cases that involve:
Bill of Rights
major stakeholders (including solicitor general) request certiorari
two or more appeals courts have issued contradictory rulings, two different precedents
Powers of the Judicial branch
Constitutional interpretation; judicial review; can declare laws and executive actions unconstitutional
Marbury v. Madison
1803, Supreme Court decision that established the Supreme Court's power of judicial review; decided that the Judiciary Act of 1789 had illegally expanded original jurisdiction, establishes precedent that the court can declare acts of Congress unconstituti
Checks on Judicial power
rules that limit standing in federal courts
no enforcement powers (reliance on the president/executive branch)
Constitution grants the federal courts authority to hear cases of "law and equity," which can involve:
1. common law (gaps in legislative authority)
2. statutory interpretation (determine what Congress meant by a statute)
3. constitutional interpretation
judicial review
authority of courts to declare laws passed by Congress and acts of the executive branch to be unconstitutional
en banc
decision by an entire court of appeals circuit, typically following an original judgment by a 3-judge panel of the circuit
The overwhelming majority of federal cases...
are heard in district courts.
Each state...
has its own judicial system.
petition for a writ of certiorari
request to the Supreme Court that it review a lower court case
class action lawsuit
lawsuit filed by one person on behalf of that person plus all similarly situated people
amicus curiae brief
friend of the court," Latin term used to describe individuals or interest groups who have an interest in a lawsuit but are not themselves direct parties to the suit; a statement of concerns
solicitor general
official in the Justice Department who represents the president in federal court
plea bargain
resolves 90% of federal criminal cases, agreement by a criminal defendant to plead guilty in return for a reduced sentence
majority opinion
opinion of a circuit court laying out the official position of the court in a case
rule of four
Supreme Court rule that grants review to a case if as few as four of the justices support review
concurring opinion
opinion written by a Justice who agrees with the majority opinion as to which party wins
dissenting opinion
opinion written by a Justice who disagrees with the majority opinion as to which party wins
countermajoritarian difficulty
Alexander Bickel's phrase for the tension that exists for representative government when unelected judges have the power to strike down laws passed by elected representatives
judicial activism
decisions that go beyond what the law requires made by judges who seek to impose their own policy preferences on society through their judicial decisions
judicial restraint
decisions by judges respecting the decisions of other branches or, through the concept of precedent, the decisions of earlier judges
What is not considered grounds for the removal of a judge?
partisan disagreement with their decisions
Historical Trends in Supreme Court decisions
1. expansion of national power under the Marshall Court
2. limits on national power, 1830s to 1930s
3. strengthened national power, 1930s to present
standing
a legitimate reason for suit; capacity of a party to bring suit in court
mootness
a matter is moot if the circumstances of the case have already been resolved; ex: abortion case, and baby has already been born
circuit courts
appellate system, hear cases within its particular area of subject-matter jurisdiction, and jurisdiction is based on the size or type of a civil claim, or the severity or type of a criminal charge
court-packing plan
president Franklin Delano Roosevelt's proposal to add new justices to the Supreme Court so that the Court would uphold his federalist / big government policies; later deemed unnecessary, as the Court reversed its decision-making and started accepting the