Judicial Branch Flashcards
Three Opinions of the Court
Majority, Concurring, Dissenting
Majority Opinion
signed by at least 5 of the 9 justices. It represents the court’s ruling in a case
Concurring Opinion
these agree with the overall conclusion in the case but stress some different or additional legal reasoning
Dissenting Opinion
are held by the justices who do not agree with the ruling. They have no legal impact on the case, but can influence future judgments.
Two checks of the judicial branch
- Judicial Review: ability to interpret the constitutionality of laws and policies made by the other two branches
- Presides over Presidential impeachment trials
Juristdiction
the authority to hear and decide a case. State courts hear state law and federal courts hear cases that involve the Constitution/federal law.
Two types of jurisdiction
Original- the court that first hears a case
Appellate- when a case is appealed and goes to a higher court
Three basic tasks of courts
- Determine if a law has been broken and what penalties can be applied
- Settle disputes and decide how to provide relief for those who have been harmed by the actions of others
- Judicial Review- determine the meaning of a particular law or the Constitution itself.
Three checks ON judicial power
- President has the power to appoint federal judges (with the Senate’s approval)
- Congress can impeach federal judges
- Congress can propose amendments to reverse judicial review (makes something constitutional that was previously ruled unconstitutional)
Appellant
the person who files an appeal
Why do such a small percentage of appeals get overturned?
appeal courts do not retry cases and do not allow new evidence to be presented
Prosecuter
a lawyer in a criminal case who tries to prove the accused person is guilty
Defendant (criminal case)
the person who the legal complaint is filed against
Two people in a criminal case
prosecutor and defendant
Two people in a civil case
plaintiff and defendant
Plaintiff
the person who is making the legal complaint and filing the case
Defendant (civil case)
the person who is charged with a crime and needs to be proven guilty
Grand Jury
hears evidence of a possible crime and recommends whether evidence is sufficient to file criminal charges
Magistrate Judge
responsible for overseeing some of the early hearings of a criminal trial when routine matters are carried out
Amicus Curiae Briefs
someone who is not a party in the case and offers information on the case, but who has not been asked by any of the parties to assist the court
Precedent
a principle or rule established in a previous legal case that influences the court when deciding subsequent cases with similar issues or facts
Court Packing Scheme
FDR proposed a bill to expand the membership of the Supreme Court to pass his New Deals. Would add six more justices.
14th Amendment
Granted citizenship and equal rights to African Americans and slaves.
11th Amendment
Prohibits federal courts from hearing cases in which a state is sued by an individual from another state/country.
Plessy v. Ferguson Background
Homer Plessy sat in a white train car and was arrested. He was trying to challenge segregation laws and the case made it to the Supreme Court
Plessy v. Ferguson Decision/Significance
The court ruled AGAINST Plessy. They said separating races didn’t mean inequality. It was stated that segregation laws didn’t violate the 14th amendment if the facilities were equal. Led to the expansion of Jim Crow laws and justified segregation. “Separate but equal”
