final exam for american gov

• Federal judiciary


  Often overlooked or misunderstood by the general public
• Historical perceptions of the judiciary


  • Perceived as the weakest branch due to its lack of enforcement power
  • Evolving role of the judiciary, from being perceived as weak to becoming influential in shaping constitutional interpretation
• Federal courts

  • Rely on Congress and the executive branch to enforce their decisions
  • Have the authority to interpret federal law and the Constitution, but their power is not absolute
  • The concept of judicial review allows federal courts to strike down laws inconsistent with the Constitution
  • Have limited jurisdiction compared to state courts, and most legal matters are handled at the state level
• State courts


  • Primarily handle matters of state law, and their decisions are usually final in such cases
  • Cases involving federal questions can be heard in state courts, which must abide by federal law under the Supremacy Clause
  • State judges are bound by U.S. Supreme Court rulings on federal questions, even if they conflict with state law or rulings
• Appeals


  • Can only be made based on errors of law or procedure, not dissatisfaction with the trial's outcome
  • Appellate courts review decisions made at trial courts, focusing on questions of law rather than fact
  • The right to appeal exists at both the state and federal levels, with procedures varying by jurisdiction
  • Successful appeals may result in a new trial, but they do not guarantee an acquittal or a reduced sentence
• Supremacy Clause


  A constitutional provision declaring federal law as the supreme law of the land, overriding conflicting state laws
• Federal Question


  A legal issue concerning federal law, treaties, or the Constitution
• Appellate Court


  A court that reviews decisions made by lower courts, focusing on questions of law rather than fact
• Judicial Review


  The power of courts to invalidate laws or government actions that are inconsistent with the Constitution
• Trial Court

  A court where cases are initially heard and decided based on evidence and testimony
• Interpretation

  The process of understanding and explaining the meaning of laws or legal principles
• Appeal

  A legal process through which a higher court reviews a decision made by a lower court
• Appeals to the U.S. Supreme Court

  • If a state's highest court upholds a decision, it becomes final for matters of state law
  • The losing party in a federal question can appeal directly to the U.S. Supreme Court
  • Federal courts can only intervene in cases involving federal questions, not matters of state law
• Habeas Corpus Petitions


  • In criminal cases, a prisoner can file a habeas corpus petition in federal court alleging a violation of federal constitutional rights
  • Habeas corpus ensures individuals' freedom against arbitrary state action and may result in a new trial if a constitutional right was violated
• Diversity Suits


  • Diversity suits involve citizens of different states in civil cases
  • Congress empowers federal courts to handle diversity cases to ensure impartiality, especially when state judges may favor their own citizens
  • Federal courts apply state law in diversity cases and have jurisdiction if the amount in controversy exceeds $75,000
• Interactions Between State and Federal Courts


  • State courts must apply federal law over state law in cases of conflict
  • Appeals from state courts to the U.S. Supreme Court are limited to federal questions
  • Federal courts may review habeas corpus petitions and hear diversity suits
  • State court decisions are respected nationwide under the Full Faith and Credit Clause of the U.S. Constitution
• Habeas Corpus


  A legal action through which a prisoner seeks release from unlawful detention, often alleging a violation of constitutional rights
• Diversity Suits


  Civil cases involving citizens of different states, heard in federal court to ensure impartiality
• Full Faith and Credit Clause


  A constitutional provision requiring states to respect and enforce judicial decisions made in other states
• Justiciability


  The suitability of a case for judicial resolution, considering factors like case or controversy, finality, standing, political questions, and timeliness
• Subject Matter Jurisdiction


  The authority of a court to hear cases involving specific legal issues or subject matters
• Party Jurisdiction

  The authority of a court to hear cases involving specific parties, such as the U.S. government, states, citizens of different states, or foreign entities
• Hierarchy of Federal Courts


  • Article III of the U.S. Constitution allows Congress to establish federal courts beyond the Supreme Court
  • Federal judiciary comprises trial courts, intermediate appellate courts, and the U.S. Supreme Court
  • Various specialized federal courts handle specific legal matters, such as bankruptcy, tax disputes, and international trade
• Article III Courts


  Established under constitutional authority, have lifetime-appointed judges and exercise only judicial powers
• Article I Courts


  Created by Congress, have judges with fixed terms and often serve non-judicial functions alongside their judicial duties
• U.S. District Courts


  • Primary trial courts with original jurisdiction over federal cases, including criminal and civil matters
  • Each state has at least one U.S. District Court, with judges appointed by the president and confirmed by the Senate
• U.S. Courts of Appeals


  • Intermediate appellate courts divided into circuits, each covering specific geographic regions
  • Review decisions from U.S. District Courts, federal agencies, and certain state courts
  • Decisions by U.S. Courts of Appeals are binding within their respective circuits
• U.S. Supreme Court

  • Highest federal court with original and appellate jurisdiction
  • Nine justices nominated by the president and confirmed by the Senate
  • Exercises discretionary jurisdiction through writs of appeal, certification, and certiorari
  • Renders final decisions on cases involving disputes between states, federal-state conflicts, and cases with foreign diplomats
• Writ of Certiorari


  Supreme Court's discretionary power to review a lower court's decision, granted only if the Court finds compelling reasons
• Original Jurisdiction


  Authority of a court to hear a case for the first time, typically in cases involving disputes between states or cases with foreign diplomats
• Appellate Jurisdiction


  Authority of a court to review decisions made by lower courts or administrative agencies, without conducting new trials
• Concurrent Jurisdiction


  Authority shared by two or more courts to hear certain types of cases, allowing litigants to choose among them
• Article III of the U.S. Constitution establishes the judicial branch of the federal government, mentioning only the U.S. Supreme Court but empowering Congress to create additional federal courts
• The federal judiciary consists of three main levels: trial courts, intermediate appellate courts, and the U.S. Supreme Court
• Types of Federal Courts

  • Article III Courts
  • Article I Courts
• Article III Established U.S. District Courts, U.S. Circuit Courts of Appeal, U.S. Supreme Court, U.S. Court of Claims, and U.S. Court of International Trade
• Article I CourtsCreated under Article I of the Constitution, such as U.S. Magistrate Courts, U.S. Bankruptcy Courts, etc.
• Selection and Appointment of Judges


  • Federal judges are nominated by the President and confirmed by the U.S. Senate
  • Article III judges serve during good behavior and can only be removed through impeachment
• U.S. District Courts


  These trial courts have original jurisdiction over various federal matters, including crimes against the U.S. and federal civil actions
• U.S. Courts of Appeals


  Also known as Circuit Courts, these appellate courts hear appeals from U.S. District Courts and certain federal agencies within their defined geographic regions (circuits)