Chapter 9 The Judiciary

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amicus curiae

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“Friend of the court” amici may file or even appear to argue their interests orally before the court.

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appellate court

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Court that generally reviews only findings of law made by lower courts.

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appellate jurisdiction

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The power vested in particular courts to review and/or revise the decision of a lower court.

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brief

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A document containing the legal written arguments in a case filed with ta court by a party prior to a hearing or trial.

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civil law

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Codes of behavior related to business and contractual relationships between groups and individuals.

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constitutional court

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Federal courts specifically created by the US Constitution or by Congress pursuant to its authority in Article III.

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criminal law

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Code of behavior related to the protection of property and individual safety.

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judicial activism

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A philosophy of judicial decision making that argues judges should use their power broadly to further justice, especially in the areas of equality and person liberty.

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judicial implementation

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How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to the lawsuit.

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judicial restraint

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A philosophy of judicial decision making that argues courts should allow the decisions of other branches of government to stand, even when they offend a judge’s own sense of principles.

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judicial review

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Power of the courts to review acts of other branches of government and the states.

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Judiciary Act of 1789

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Established the basic three-tiered structure of the federal court system.

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jurisdiction

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Authority vested in a particular court hear and decide the issues in any particular case.

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legislative court

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Courts established by Congress for specialized purposes, such as the Court of Military appeals.

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Marbury v. Madison (1803)

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case in which the Supreme court first asserted the power of judicial review by finding that the congressional stature extending the Court’s original jurisdiction was unconstitutional.

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original jurisdiction

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The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case.

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precedent

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A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.

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Rule of Four

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At least four justices of the Supreme court must vote to consider a case before it can be heard.

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senatorial courtesy

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Process by which presidents generally defer selection of district court judges to the choice of senators of their own party who represent the state where the vacancy occurs.

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solicitor general

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The fourth ranking member of the Department of Justice, responsible for handling all appeals on behalf of the US government to the Supreme Court.

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stare decisis

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In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.

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strict constructionist

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An approach to constitutional interpretation that emphasizes the Framers’ original intentional.

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trial court

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Court of original jurisdiction where cases begin.

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writ of certiorari

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A request for the Court to order up the records from a lower court to review the case.

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What are the roots of the federal judiciary?

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Many of the Framers viewed judicial branch of government as little more than a minor check on the other two braches, ignoring Anti Federalist concerns about unelected judiciary and its potential for tyranny. The Judiciary Act of 1789 established the basic federal court system we have today. It was the Marshall Court (1801-1835), however, that interpreted the Constitution to include the Court’s major power, that of judicial review.

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What is the structure of the America legal system?

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Ours is a dual judicial system consisting of the federal court system and the separate judicial systems of the fifty states. In each system there are two basic types of courts: trial courts, and appellate courts. Each type deals with cases involving criminal and civil law. Original jurisdiction refers to a court’s ability to hear a case a trial court, appellate jurisdiction refers to a court’s ability to review cases already decided by a trial court.

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How is the federal court system organized?

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The federal court system is made up of constitutional and legislative course, federal district courts, courts of appeals, and Supreme Court are constitutional courts.

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How are federal court judges selected?

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District course and court of appeals judges are nominated by the president and subject to Senate confirmation. Supreme Court justincse are nominate by the president and must also win Senate confirmation. Important criteria for selection include competence, standards, ideology, rewards, and pursuit of political support, religion, race, ethnicity, and gender.

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How does the Supreme Court function today?

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Several factors influence the Court’s decision to hear a case. Not only must the court have jurisdiction, but at leas four just incase must vote to hear the case. Cases with certain charateristics are most likely to be heard. Once a case is set for review, briefs and amicus curiae briefs far filed and oral argument schedule. The Justices meet after oral argument to discuss the case, votes are taken, and opinions are written, circulated, and then announced.

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What are the key aspects of judicial philosophy and decision making?

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Judges’ philosophy have an extraordinary impart on how they decide cases. Political scientists consider these factors in identifying models of how judges make decisions, including the behavioral, attitudinal, and strategic models.

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How does the judiciary affect policy and what efforts have been made to reform its policy making powers?

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The Supreme Court is an important participant in the policy making process. The power to interpret the laws give the Court tremendous policy making power never envisioned by the Framers’.

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Roots of the Federal Judiciary

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Article III, which created the judicial branch of government.

The Framers believed that a federal judiciary posed little threat of tyranny, Antifederalists, however, objected to a judiciary whose members had life tenure and the ability to definite “the supreme law of the land.”

Section 1, begins by vesting “The judicial Power of the United states… in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”

Section 2, specifies the judicial power of the Supreme Court (and discusses the Court’s original and appellate jurisdiction. This also specifies that all federal crimes, except thos e involving impeachment, shall be tried by jury in the state in which the crime was committed.

Section 3, defines treason, and mandates that at least two witnesses appear in such cases.