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Government: Judicial
Unit 7 Test: Judicial Branch
| Term | Definition |
|---|---|
| Plaintiff | the person making a legal complaint in court |
| Exclusive Jurisdiction | the sole right to hear and decide a certain type of case, depending either on the subject matter of a case or the parties involved |
| Defendent | the person against whom a complaint is filed |
| Concurrent Jursidiction | cases that fall under jurisdiction for both state and federal court |
| Appellate Jurisdiction | the authority of some courts to review decisions made by lower courts |
| Jurisdiction | a courts authority to hear and decide a case |
| Original Jurisdiction | the authority of a court to be the first court to hold trials in certain types of cases |
| Precedent | an earlier court decision that guides judges' decisions in later cases |
| Article III | establishes the judicial branch of the federal government. |
| Judicial Branch | made up of the supreme court of the united states and lower courts created by congress; interprets the laws created by congress |
| Article III, Section 2 | describes the jurisdiction of the federal courts; tells what kinds of cases the supreme court will hear (authority over the courts) |
| Supreme Court | the only court the constitution creates |
| two court systems in the US: | federal / state |
| Court of Appeals: | look over the case carefully when the losing side thinks there is an error |
| Step 1 of Political Process of Becoming a Justice | president selects nominee |
| Step 2 of Political process of Becoming a Justice | medias hashes / re-hashes nominee |
| Step 3 of Political Process of Becoming a justice | the senate judiciary committee holds hearings where they question the nominee |
| Step 4 of political process of becoming a justice | committee may try to corner the nominee |
| Step 5 of political process of becoming a justice | senate goes over the nominees background |
| Step 6 of political process of becoming a justice | senate debates whether to confirm the nominee |
| Step 7 of political process of becoming a justice | entire senate votes on nominee; majority vote |
| Affirm | the trial courts decision stands (stays) |
| Number of supreme court justices | 9 / they have the job for life |
| We expect our judicial system to be: | "above politics" |
| Any requirements to become a justice? | none listed in the constitution |
| Some factors that are considered when picking a justice: | the senates approval / the respect of the nominee / record of fairness / experience / qualifications / possible pitfalls |
| Are justices required to have a law degree? | no |
| Have we had any justices that have not had a law degree? | no |
| Jobs that justices have had prior to becoming a justice: | experience as a judge / lawmakers / government attorneys / law-professors |
| What do presidents consider in terms of ''diversity'' of justices? | gender / religious / georgraphic |
| What should justices do when they are behind the bench? | set aside their personal / political views |
| Judicial Philosophy | the way in which a judge understands or interprets the law |
| originalists | want to figure out exactly what the founding fathers intended |
| textualists | look at the text and try to give it common sense interpretation |
| living constitution theory | interprets constitution with todays society / values; todays world / 1787 are completley different |
| How does judicial philosophy impact a presidents nominee? | predicts how the judge will decide a certain case. |
| about how many cases are filed with the supreme court each year: | 8,000 |
| about how many cases are accepted by the supreme court each year: | 80 |
| Writ of Certiorari | decision made by a supreme court to hear an appeal from a lower court; 4 of 9 must agree to grant one |
| 3 ways a case can reach the supreme court | appeals to courts of appeals decision / appeals from state supreme courts / under the courts original jurisdiction |
| the justice who presides over the supreme court | chief justice |
| per curium opinion | a short statement about the courts opinion |
| brief | a written statement that includes legal arguments, important facts, and a list of prior cases that a legal team believes supports their side |
| amicus curiae | friend of the court / other parties involved in the case that have an interest in the outcomes |
| concurring opinion | written by judges who agree with one side or the other, but have different reasons for doing so and wish to have their opinions known |
| John Jay | first chief justice |
| John Marshall | helped the court become a powerful force, established judicial review |
| Earl Warren | responsible for ''incorporation'' which applies the bill of rights to state laws |
| due process clause | applies the bill of rights to state and local laws |
| judicial review | the ability to determine the constitutionality of a law |
| Judicial Restraint | idea that the constitution should be interpreted as the framers originally intended (originalists / textualists) |
| Judicial Activism | the judges can adapt the meaning of the constitution to meet the demands of modern day issues (living document theory) |
| stare decisis | let the decision stand |
| What exercises more influence on judges than the president does? | history |
| Federal Jurisdiction | US constitution / federal laws / bank robbery, counterfeiting, kidnapping, civil rights abuses / disputes w/ two or more states / admiralty and maritime laws / ambassadors & treaties / habeas corpus laws / major criminal cases |
| State Jurisdiction | state constitutions & state laws / divorce, child custody, and probate / inheritance / real estate / juvenile issues / most criminal cases / contract disputes / personal injury |
| Concurrent Jurisdiction | cases that involve residents of different states / cases involving over $70,000 |
Created by:
aliciaroberts
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