judicial

• adversarial system: both sides of legal cases are represented by advocates

  • the opposite is the inquisitorial system
• presumption of innocence: accused individuals are innocent until proven guilty
• inferior courts: the lower federal courts beneath the Supreme Court
• plaintiff: the person who files a lawsuit
• defendant: the person against whom a legal complaint is made
• jurisdiction: the authority of a court to try and decide a case
• concurrent jurisdiction: when federal and state courts both have the power to hear a case (plaintiff decides)
• original jurisdiction: the power held by the first court to hear a case
• appellate jurisdiction: the power to hear a case on appeal from the court with original jurisdiction
• judicial restraint: judges should decide cases based on the original intent of the lawmakers and on precedent

  • strict constructionist
  • reluctant to overturn acts of legislature
• judicial activism: judges should take current social conditions into account when deciding cases

  • loose constructionist
  • no doubts about overturning legislative action
• precedent: prior judicial decisions that guide rulings on current, similar cases
• stare decisis = “let the decision stand”
• rule of four: in Conference, the Justices vote on the petitions being presented: 4/9 vote
• writ of certiorari: order by the Supreme Court telling a lower court to send a case to review
• certificate: a request by a lower court for the Supreme Court to certify the answer to a question about proper procedure or rule of law in a case
• brief: detailed written statements about a case that are filed with the court
• majority opinion: the official ruling of the Supreme Court on a case, explaining how the majority decision was reached
• concurring opinion: a separate opinion that agrees with the majority opinion but offers a different reason for making that ruling
• Amicus Briefs = “friend of the Court”

  • person or group who is not a party to an action, but has a strong interest in the matter
  • examples: nonprofits, businesses, and interest groups
• dissenting opinion: opinion written by a justice who disagrees with the ruling of the majority
• Role of the Judicial Branch: interpret the Constitution and decide how it applies to modern law
• Sources of American Law

  1. Common Law: customs and court decisions (precedent) from the US and England
  2. US Constitution: supreme law of the land
  3. statutory law: based on laws passed by Congress and State Legislatures (Federal)
  4. criminal: felonies
  5. civil: divorce, contracts
• civil law: non-criminal laws between individuals

  • attempt to receive compensation for harm suffered by another’s wrongful actions
  • government is only involved if it is the party being sued
  • uses settlement to avoid trial -- parties negotiate and the issue becomes how much each party is willing to give up to end the lawsuit
  • show a preponderance of evidence favors his side
• criminal law: wrongs committed against society

  • government seeks to impose penalty (fine or imprisonment) against lawbreaker
  • party opposing the accused person (government v. accused)
• Result of Federalism = dual court system -> state and federal courts
• Federal Court Jurisdiction

  • limited to the types of cases listed in the United States Constitution
  • cases in which the United States is a party
  • violations of the Constitution or federal law
  • crimes on federal land
  • bankruptcys
  • cases based on state law that involve parties from different states
• Federal Court System

  • made of three tiers
  • bottom is the US District Courts -- all federal cases start here
  • middle tier is the US Court of Appeals
  • top tier is the US Supreme Court
• U.S. District Courts

  • trial courts
  • 94 district courts (each state has at least one)
  • both sides present evidence and call witnesses
  • a judge or a jury issues a decision, called a verdict
• U.S. Court of Appeals

  • parties can appeal (ask for a court to review a previous decisions) their case -- appellate courts
  • one party disagrees with the verdict because there was an error during the trial or in the law
  • only 13 appellate courts, each with an engaged court that covers a specific area (except the Federal Court)
• U.S. Supreme Court

  • highest court in the country and the final court of appeal
  • further interpret the Constitution and have national significance
  • nine judges called justices listen to oral arguments from each side and deliver a decision, called an opinion
  • majority of justices agree for the opinion to stand as law
  • few cases go directly to the Supreme Court through original jurisdiction
  • considered a collegial court and most justices rise from Circuit Courts
• State Court System

  • most states have three tiers to their court system:
  • state trial courts
  • state appellate courts
  • state Supreme Court
  • the state Supreme Court cases are only appealed to the Supreme Court if the state could be violating the constitution
• State Trial Court

  • trials involving state criminal laws or civil cases
  • not all states have the same laws
  • if a person is violating a state criminal law, they go to a state court
• State Supreme Court

  • these courts have the final say in interpreting state laws and constitutions
  • final appellate court and in some states, the only one
  • only approved by the United States Supreme Court if the state could be violating the constitution
• Federal Jurisdiction

  1. Constitutional laws, treaties
  2. the United States, officers, agencies (party)
  3. official representative of a foreign government (ambassador)
  4. one state suing another state, a resident of another state, or a foreign government
  5. a United States citizen suing a citizen of another state or a foreign government or citizen

  • numbers 4 and 5 were changed by the 11th Amendment
• Once Writ of Cert is Granted:

  • lawyers submit briefs
  • amicus curiae briefs also submitted
  • oral arguments: each side has 30 minutes, but justices can interrupt with questions
• Chief Justice

  • speaks first and votes first
  • assigns the opinion writer
• Voting Patterns

  • Warren Court: liberal and activist
  • Relinquish Court: divided
  • Roberts Court
  • three liberals
  • three conservatives
  • three swings
• Confirmation Process

  1. President selects nominee
  2. Senate’s Judiciary Committee must conduct hearings
  3. voting by committee, then the entire Senate

  • recently, these have become politicized events
  • borking: when a nominee comes under unwelcome scrutiny, regarding non judicial issues
  • getting borked: attack or defeat a nominee candidate for public office
• Checks on the Federal Courts

  • decisions can be ignored by executive and state governments
  • Congress confirms judges and can impeach and change legislation that was overruled
  • public opinion: public confidence in courts gives it its legitimacy