Unit 4 Flashcards
Document Establishing National Judiciary
Key Document: The U.S. Constitution establishes the judicial branch of the federal government.
Article III: The judicial branch is set up in Article III of the Constitution. It defines the powers of the judiciary and establishes the framework for the national courts.
The Courts and Democracy
Purpose of Courts in a Democracy: Courts are essential in upholding the rule of law and ensuring that individual rights are protected against government overreach. They act as a check on the other branches of government.
Founders and Court System
Role of the Founders: The Founders intended for the judiciary to be independent from the legislative and executive branches to avoid abuses of power. They created a national judiciary to interpret laws, resolve disputes, and protect rights.
Federalism and Court System: The Founders created a dual court system that divides judicial authority between state courts and federal courts.
Creation of a National Judiciary
Articles of Confederation: The Articles of Confederation (1781-1789) did not establish a national judiciary, which created problems in enforcing laws between states.
U.S. Constitution: The Constitution created the Supreme Court and gave Congress the power to create lower federal courts.
Dual Court System
The U.S. has a dual court system, meaning there are two types of courts: state courts and federal courts. State courts deal with state law, while federal courts deal with federal law or issues that cross state lines.
Constitutional Courts vs. Special Courts
Constitutional Courts: These are courts created under Article III of the Constitution. They include the Supreme Court, Courts of Appeals, and District Courts.
Special Courts: These courts are created by Congress to hear specific types of cases (e.g., Tax Court, Court of Federal Claims).
Jurisdiction
Definition: Jurisdiction refers to the authority of a court to hear and decide a case. It can depend on geography, subject matter, and the parties involved.
Types of Jurisdiction
Original Jurisdiction: A court’s authority to hear a case first (e.g., cases involving foreign diplomats, disputes between states).
Appellate Jurisdiction: A court’s authority to review decisions made by lower courts.
Exclusive vs. Concurrent Jurisdiction
Exclusive Jurisdiction: When only one court (either state or federal) has the authority to hear a particular case (e.g., federal crimes).
Concurrent Jurisdiction: When more than one court (either state or federal) has the authority to hear a case.
Plaintiff & Defendant
Plaintiff: The person or party who brings a lawsuit (the party that files the complaint).
Defendant: The person or party being sued or accused of wrongdoing.
Federal Judges and Court Officers
Role of Judges: Judges interpret the law, apply it to specific cases, and ensure fair trials.
Selection of Judges:
Nomination: The President nominates federal judges.
Confirmation: The Senate approves the President’s nominations.
Judicial Philosophies
Judicial Restraint: The belief that judges should limit their role to interpreting laws as written, rather than creating new laws through judicial decisions.
Judicial Activism: The belief that judges should actively interpret the Constitution and laws in light of modern circumstances, even if it means creating new precedents.
Precedent
Definition: Precedent refers to previous court decisions that influence future rulings. The principle of stare decisis (let the decision stand) means courts follow precedents set by earlier decisions to ensure consistency in the law.
Judicial Review
Definition: Judicial review is the power of the courts to declare a law or executive action unconstitutional.
Marbury v. Madison (1803): In this landmark case, the Supreme Court, led by Chief Justice John Marshall, established the principle of judicial review, asserting that it was the role of the judiciary to review the constitutionality of laws passed by Congress or actions taken by the President.
Composition of the US Supreme Court
Number of Justices: The Supreme Court consists of nine justices, including one Chief Justice and eight Associate Justices.
Appointment of Justices: Justices are nominated by the President and confirmed by the Senate.
Jurisdiction of the SCOTUS
Original Jurisdiction: The Supreme Court has original jurisdiction in cases involving ambassadors, public ministers, or disputes between states.
Appellate Jurisdiction: The Court hears appeals from lower courts, particularly those involving important constitutional issues.
Two Type of Original Jursidiction
The Supreme Court’s original jurisdiction refers to the types of cases it can hear for the first time, without the need for an appellate review.
Examples of original jurisdiction: Cases between states, cases involving foreign diplomats.
Writ of Certiorari
A writ of certiorari is an order issued by the Supreme Court to review a lower court’s decision. The Court grants this writ when it agrees to hear a case.
Certiorari Process: The Court receives thousands of petitions each year but grants certiorari to only a small percentage of cases that raise important legal questions or constitutional issues.
The Structure and Role of the Federal District Courts
Federal District Courts: These are the trial courts of the federal system. They are where most federal cases begin.
Number of Districts: There are 94 federal judicial districts across the United States, with at least one district court in each state.
Type of Jurisdiction: They have original jurisdiction, meaning they hear cases for the first time.
Criminal vs. Civil Cases: Criminal cases involve violations of federal law, while civil cases involve disputes between individuals or entities (e.g., contracts, personal injury).
The Structure and Roel of the Federal Courts of Appeals
Creation: Federal Courts of Appeals were created to reduce the caseload of the Supreme Court by hearing appeals from district courts.
Number of Courts: There are 13 Courts of Appeals in the U.S., divided into 11 regional circuits, the District of Columbia Circuit, and the Federal Circuit.
Role: They have appellate jurisdiction, meaning they review decisions made by lower courts (district courts).
The Courts and Democracy
Role of Courts in Democracy: Courts are essential in a democracy for maintaining the rule of law, protecting individual rights, and ensuring checks and balances between the branches of government. They interpret laws in light of changing social and political conditions.
Zenger Trial
The Zenger Trial was a 1735 legal case where journalist John Peter Zenger was acquitted of libel, establishing an early precedent for freedom of the press.
4th Amendment
No searching homes without a warrant
6th Amendment
Right to Jury Trial
