Judical Branch Unit 4 Flashcards
Jurisdiction
The power invested in the court to hear and decide issues in a particular case
Original Jurisdiction
Jurisdiction of courts that hear a case first and determine the facts of the case
Appellate Jurisdiction
Jurisdiction of courts to review and revise the decision of a lower court
The Judiciary Act of 1789
The act that established the 3 tiered structure of the federal court system
Precedent
A prior binding SC judicial decision that serves as a rule for settling similar cases
Stare Decisis
A reliance on past decisions or precedents to formulate decisions in new cases
Judicial Review
Judicial branch can review acts of the other branches
Dual System
Federal Courts and State Courts
Structure of Courts
Supreme Court
Court of Appeal
District Court
Supreme Court
- Highest authority
- Both OG and appellate jurisdiction
- 9 justices; serve for life
Court of Appeal
- Created by Congress
- Decides appeals from district courts
- Appellate jurisdiction
District Courts
- Lowest level
- OG jurisdiction
- In states based on pop.
Senatorial Courtesy
For the president to appoint, he must ask for permission from the state senator from which the apointee is from
Process of Appointment for SC Judges
1.) Investigation
2.) Nomination sent to senate
3.) Senate hearings
4.) Litmus Test
5.) Voting
Litmus Test
Questioning to get judges getting nominated stance on issues such as abortion
Current SC Judges (Name CJ)
John Roberts (CJ)
Clarence Thomas
Sam Alito
Sonia Sotomayor
Elena Kagen
Neil Gorsuch
Brett Kavanaugh
Amy Coney Barrett
Katanji Brown Jackson
Appointment Criteria
- Experience
- Religion
- Gender/Race
- Ideology
- Rewards
Writ of Certiorari
Request from SC to order record from lower court to review case
Rule of 4
4 justices must vote to hear a case before it is heard
Solicitor General
Responsible for handling all appeals on behalf of the US Government
Amicus Curiae
“friend of court” who may file briefs or appear to argue in court
Judicial Restraint
Judges need to stick to the law and constitution rather than their own beliefs.
Judicial Activism
Judges should use their power to change and later laws to further justice
Strict Constructionist
Interpreting the constitution the way it was originally written
Judicial Implementaion
Process of putting judicial decisions into action
Deciding on What Case to Hear Critria
1.) Federal Question?
2.) Must come from COA, DC, or State Courts
Civil Liberties
Personal freedoms teh government cannot abridge on
Civil Rights
Government-protected rights of individuals against bad treatment by the government or individuals
Due Process Clause
No state shall deprive any person of life liberty or property without due process of law
Substantive Due Process
Protects citizens from unjust state or federal laws
Selective Incorporation
Using the Due Process Clause to decide if states should incorporate protections found in the Bill of Rights
Fundamental Freedoms
Rights defined by the court as essential to order, liberty, and justice and therefore entitled to the highest standard of review
3 Clauses in 14 Amendment
Citizenship clause
Due Process clause
Equal Protection clause
Strict Scrutiny
Highest level of review of courts mainly in freedoms/right cases
1st Amendment
Freedom of Speech, Religion, Press, Assembly and Petition
Establishment Clause
Prevent government from establishing a religion
Free Exercise Clause
Allows individuals to practice religion without government interference
Limitations on Freedom of Speech
Libel/Slander
Fighting Words
Obscenity
Prior Restraint
The government cannot prevent speech or publication before published
Libel
False written statements that defame a person character
Habeas Corpus
Authorities must prove that a criminal is being held lawfully and imply criminal charges against them
Ex Post Facto Law
Laws that make act punishable as a crime even if it was legal when it was committed (BANNED BY CONS.)
Bill of Attainder
Law declaring act illegal without trial (BANNED BY CONS.)
Reasonable Suspicion
Can search without a warrant if their belief or facts result in suspicion
Exclusionary Rule
Police cannot use illegally seized object as evidence in trial
6th Amendment
Right to speedy and jury trial
Miranda Rights
Police must inform a suspect of their constitutional rights
Lemon Test
Test to detirmine reglious cases
1.) Does it have a secular purpose
2.) It doesn’t inhibit religion or advance
3.) Does not foster government inference with relgion
What amendments go into the right of privacy?
1, 3, 4, 9, 14
