The Judicial Branch

Front 1

What is the Common Law tradition?

Back 1

Common law is a collection of judge-made laws that developed over centuries and is based on decisions made by previous judges. The practice of deciding new cases with reference to former decisions is called precedence.

Front 2

Judicial review was established by which Supreme Court Justice?

Back 2

Chief Justice John Marshall during the Marbury v. Madison case.

Front 3

Which is the only court required by the Constitution?

Back 3

The Supreme Court.

Front 4

The power to establish federal courts lower than the Supreme Court is given to which legislative body?

Back 4

Congress.

Front 5

Who are the litigants?

Back 5

The plaintiff and the defendant.

Front 6

dual court system

Back 6

The United States has a dual court system- one federal and one state.

Front 7

dual sovereignty

Back 7

Under the doctrine of dual sovereignty, state and federal authorities can prosecute the same perwon for the same conduct under both state and federal law.

Front 8

rule of four

Back 8

The court considers all petitions it receives to review lower court decisions. If four justices agree to hear a case, cert is issued and the case is scheduled for a hearing.

Front 9

majority opinion

Back 9

Once decisions have been made in conference an opinion must be formally stated. The most senior justice in the majority assigns the task of writing the majority opinion, the official opinion of the court.

Front 10

dissenting opinion

Back 10

Unless the decision is unanimous, the most senior justice on the losing side decides who will write the dissenting opinion of those justices who do not agree with the Court's majority decision.

Front 11

concurring opinion

Back 11

A justice may write a concurring opinion if he or she agrees with the majority decision but does so for different reasons than stated in the majority opinion.

Front 12

judicial implementation

Back 12

Judicial implementation refers to the translation of court decisions into acutal policy that affects the behavior of others.

Front 13

adversarial system

Back 13

Policy must be made within the setting of an adversarial system, a neutral arena in which two parties present opposing points of view before an impartial arbiter.

Front 14

justiciable dispute

Back 14

Cases heard in federal courts must represent a justiciable dispute- an actual situation rather than a hypothetical one, and one that can be settled by legal methods.

Front 15

judicial restraint

Back 15

A policy in which judges play minimal policy-making roles, eaving policy decisions to the other two branches.

Front 16

judicial activism

Back 16

A policy in which judges make policy decisions and interpret the Constitution in new ways.

Front 17

constitution courts

Back 17

Constitutional courts exercise the jduicial powers found in Article III, so their judges are given the constitutional preotection of lifetimes terms.

Front 18

district courts

Back 18

Trial courts of original jurisdiction, the stating point for most litigation in the federal courts. They hear no appeals, and they are the only federal courts in which the trials are held and juries may sit.

Front 19

courts of appeal

Back 19

They have appellate jurisdiction only; no cases go to them first. They review any final decisions of district courts, and they may review and enforce orders of many federal regulatory agencies.

Front 20

legislative courts

Back 20

Congress also has set up legislative courts for specialized purposes. These courts include the Court of Claims, the Court of International Trade, the Tax Court, and the Court of Military Appeals.

Front 21

the jury

Back 21

The right to a trial by jury is fundamental to our justice system, but most trials do not involve them. Trial by jury is used less often today than in the past.

Front 22

the audience

Back 22

Interest groups sometimes seek out litigants to represent a cause they support.

Front 23

stare decisis ("let the decision stand")

Back 23

The doctrine of stare decisis is based on precedent. When a court overturns a previous court's decisionsm it is a major event, because to do so breaks the strong tradition of stare decisis.

Front 24

criminal law

Back 24

In criminal law cases an individual is charged with violating a specific law and the government prosecutes.

Front 25

civil law

Back 25

In civil law cases no charge of criminality is made, bu one person accuses anotherof violating his or her rights. Civial law define the relations between individuals and defines their legal rights.