AP GOV 4.3 Flashcards
(49 cards)
Article III
This the part of the Constitution that establishes the judicial branch. Makes the Supreme Court the highest court in the land. Grants Congress the authority to create lower federal courts (district and appellate courts). States the lifetimes tenures of justices.
Judiciary Act of 1789
This established the structure (3-tiered system) of the court system. This defined original jurisdiction and appellate jurisdiction for the Supreme Court. Gave Congress the power to establish “inferior courts” - Can be put up for review. Said that the federal courts could review laws and actions of other branches on the basis of Constitutionality.
Federalist 78
This defined the judicial branch as the “weakest” branch. Hamilton frequently mentioned how appointments and life tenures ensure judicial independence. SCOTUS serves as a protector of the Constitution interpreting every law. Mentioned judicial review. Said it is not to worry about because without the “sword” (executive) or the “purse” (legislative) it cannot accomplish anything. (Talking about judicial implementation)
Supreme Court
This is the highest court of the United States, establishes by article III. It serves as the judicial branch’s check on the other two branches. Emphasizes on protecting individual rights.
Cases that are heard by SCOTUS include freedom of religion, discrimination, law enforcement.
This can be reached through original jurisdiction, which is uncommon unless t involves ambassadors or other high-ranking ministers. Most cases go through the district court, then court of appeals, and then the Supreme court if they choose to here it. writ of certiorari.
District Court
These are the general trial courts of the United States. 94 district courts. Both under federal and state level. Their judges have to be appointed by the President and confirmed by the Senate.
Civil Cases:
Disputes between citizens of different states or countries
Disputes between corporations, governments, or people
Civil rights violations
Patent and trademark infringement
Breach of contract involving US gov
Criminal cases:
Violations of federal laws
Violations of income tax and narcotic laws
Crimes committed on federal property
Mail theft
US Court of Appeals
This is the federal court that reviews decisions from lower courts. They ensure their was no judicial error and that the proceedings were fair.
13 circuits
10% or fewer of the decisions are appealed to the US Supreme Court
State Courts
Courts that handle cases related to state laws and constitution.
If the court’s interpretation of federal law/US Constitution is appealed, it goes to the court of appeals.
Appellate Courts
These are the courts that review the decisions of the lower courts to determine if the law was applied in the correct manner along with if the proceedings of the case was fair.
Cases come from district courts.
Known as “Appellate Jurisdiction”.
Do not retry cases or hear new evidence
Do not hear witnesses testify
No jury
Relieves SCOTUS’s caseload
Original Jurisdiction/Appellate Jurisdiction
Original jurisdiction refers to the authority of a court to hear a case for the first time. This is important because they have the power to initially adjudicate cases involving state dispute (district courts) or ambassadors and public ministers (Supreme Court).
Appellate Jurisdiction is the authority of a court to review and make decisions on appeals from the lower courts on the basis of unfair proceedings or judicial error. They do not conduct trails, they instead examine the record from the lower court to determine if the law in the lower court was applied correctly.
Criminal law/ Civil Law
Criminal law is all crimes that violates public law. Crimes like murder, assault, theft, drunk driving. Tried in criminal court. Judges can punish offenders with jail time.
Civil Law is a lawsuit in the form of monetary liability. These are between individuals or businesses. Property disputes, contracts, and family law. Tried in civil court, judges can order monetary compensations or make decisions about property or family.
Due Process
This is a clause found i the 5th and 14th amendments that guarantees that no state can take away from a person any “life, liberty, or property without due process of law.” This includes procedural protections for individuals in the criminal justice system.
Right to a trial by jury, right to an attorney, freedom from self-incrimination (5th amendment)
Grand Jury/ Petit Jury
A Grand Jury is a group of citizens that review evidence presented by the prosecution and decide for “probable cause” to believe a individual should be put on trial. They determine if there is enough evidence, If yes, an indictment (charge of a serious crime) will be issued against the individual.
A petit jury is also known as trial juries. They decide both criminal and civil cases. In a criminal case, they have to be proven without a reasonable doubt. In a civil case, it is more likely than not.
This is why OJ did not get convicted.
Litigants
This is a person involved in a lawsuit. This can be under a plaintiff or defendant.
Government litigation: Lawsuit that involve the government.
Institutional litigant: A group that brings a lawsuit to change the law or defend an existing rule.
Litigants in person are people who represent themselves in court. Taxi Driver from Suits.
Plaintiff/ Defendants
A plaintiff is a person who brings a case against another person in a court of law.
A defendant can be an individual or business that was sued and accused and summoned into the court of law.
Class Action Lawsuit
A civil lawsuit brought by a GROUP of people who have all been negatively affected in a similar way by the same entity. They share any settlement.
Briefs
Briefs are written arguments that lawyers submit to court. They can be used in Supreme Court cases, appellate cases, and motions.
The purpose is to convince the court that their position is right. They show legal comparison as well as summarize the case.
Precedent
Precedent is a previous court ruling that serves as a base for deciding future cases.
Stare Decisis
This is a legal principle that means “to stand by things decided”. This is important because it shows the legitimacy of the court when following precedent. By following precedent, it maintains consistency in legal interpretations.
Justices/Chief Justice
There are 9 SCOTUS justices. Nominated by President and confirmed by Senate in majority. Maintain checks and balances through judicial review.
The chief justice is the head of the Supreme Court. They are responsible for presiding over court proceedings and ensuring an efficient display of justice. Appointed by the President. Confirmed by Senate. Serve a life tenure. They preside over oral arguments and lead discussions when deciding cases. They oversee the court schedules. Some famous justices are John Marshall and Earl Warren, where they expanded the powers of the judiciary through their interpretations of the Constitution in their court decisions.
Presidential Appointments/ Senatorial Courtesy
In Article II, they can appoint federal officials with the advice and consent of the Senate. Around 4,000 positions, 1,200 of which are confirmed by the Senate.
This is a political traditions where senators look at the preferences of their colleagues when it comes to judicial nominations in their home state. If a judge is not favored by the senator from that state, they will most likely not be nominated. Reflects state representation an relationship between the Executive branch and Senate in judicial appointments.
Criteria for Judges/Nomination criteria
Judicial experience, most of them being clerks for justices. Ideaologies are really important according to the President.
Senate Judicial hearings
Senate has to give a simple majority in order to confirm the appointee.
Independence/life term
This is when federal justices have independence due to them having life tenures. This is believed to be from the fact that they do not have to worry about unfair elections, or adhering to their constituents for votes.
Established by Article III, holding office during “good behavior”
serve for life, resign, or retire, or get impeached by congress.
Not influenced
Writ of Certiorari
This is a request for SCOTUS to review a case decision from the lower courts. The justices will accept this based on the significance of the case, or resolving disputes amongst the lower courts.
They get to hear and select the cases SCOTUS deems fit for hearing, rather than having an obligation to a large amount of appeals.
