AP Gov Judicial System Test

gov test

Judicial Review

Judicial Review

Allows the court to determine the constitutionality and validity of laws

Checks and Balances

Used to keep the government from getting too powerful in one branch

Supreme Court Powers

National & local laws, Congress, White House, government agencies, judicial errors

Plessy vs. Ferguson

(1896) The Court ruled that segregation was not discriminatory (did not violate black civil rights under the Fourteenth Amendment) and provided that blacks received accommodations equal to those of whites. Separate but equal. This happened after Plessy suffered from Jim Crow laws.

Can the Supreme Court change past decisions?

Yes

Writ of Certiorari

Order by the Supreme Court directing a lower court to send up the records of a case for review. Losing party files this with the court to review their case.

Document of the Writ of Certiorari

List of parties, statement of case facts, legal questions for review, arguments as to why the court should grant the wit

Appeal

Apply to a higher court for a reversal of the decision of a lower court.

Stare Decisis

Let the decision stand; decisions are based on precedents from previous cases

Precedent

An example that may serve as a basis for imitation or later action. Legal principle created by a court decision.

Judicial Activism

An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court). No precedent to follow.

Role of the Judicial Branch

To interpret and define law

Interpretation of Law

Hearing individual cases and deciding how the law should apply

Federalism

Federal courts for federal law, state courts for state laws

Where do the courts jurisdiction come from?

Article III of the Constitution

Article III of the Constitution

Creates the Supreme Court but allows Congress to establish lower courts.

Supreme Court Numbers

1 court, 9 judges

Court of Appeals Numbers

12 courts, 3 judges

District Court Numbers

91 courts, 1 judge

Hierarchy of the Federal System

District Court --> Court of Appeals --> Supreme Court

Jurisdiction

The authority of a court to hear a case

Exclusive Jurisdiction

Authority of only federal courts to hear and decide cases

Concurrent Jurisdiction

Authority for both state or federal courts to hear and decide cases

Original Jurisdiction

Court is the first one to hear a case

Appellate Jurisdiction

Court can only hear a case on appeal

What type of jurisdiction do U.S. district courts have?

Original

What type of jurisdiction does the court of appeals have?

Appellate

What type of jurisdictions does the Supreme Court have?

Original & Appellate

How are judges appointed?

President nominates someone, then the Senate majority vote confirms it

Senatorial Courtesy

Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.

How long do judges serve for?

For Life

Why are life terms preferred for judges?

Founding Fathers wanted an independent judiciary

District Court

Principal trial court in the system (first trial)

How many districts are there?

94

What cases does the district court hear?

Criminal and civil

Process of a criminal case

U.S. attorney gathers up all the evidence against you

Presents it to a grand jury, 16 to 23 people who decide whether there is enough evidence to indict you

If they vote to indict you, trial begins with a new jury

If you lose your trial, you have the option to appeal to a higher court

The higher court does not have to hear your case, they will only take it if there is a significant problem with the lower court decision

Higher courts have the option to overturn or modify lower court decisions

Grand Jury

16-23 people who decide whether there is enough evidence to indict someone

Indict

To charge with a crime; accuse

Supreme Court

The highest federal court in the United States with judicial review

Marbury vs. Madison Summary

1803 Supreme Court case that established the principle of judicial review

Marbury vs. Madison: Adams' Actions

Adams lost to Jefferson in the 1800 election

Adams made Congressional Federalists create new judgeships to save his legacy

Adams selected new Federalists for the new judge positions

Marbury vs. Madison: Jefferson's Actions

Jefferson was upset and ordered Madison not to deliver the commissions. Then, Marbury (judge) sued Madison

Judiciary Act of 1789

Gave Supreme Court original jurisdiction in disputes about judgeships.

Article III & Jurisdiction

Gave Supreme Court appellate jurisdiction in certain cases

Marbury vs. Madison Decision

The Judiciary Act and Marbury's lawsuit are unconstitutional and they established the official of the judicial review

How did Marbury vs. Madison make history?

First time the Supreme Court struck down a government act as unconstitutional

Alternate Route to the Supreme Court

Superior Court --> Arizona Court of Appeals --> Arizona Supreme Court --> Supreme Court

When does a court issue a writ of certiorari?

If 4/9 judges wish to hear it

Rule of 4

How the Supreme Court decides whether to hear a case. Requires four or more justices to "grant certiorari" (agree to hear an appeal). Supreme Court agrees to hear <1% of cases.

Certificate

A method of putting a case before the Supreme Court; used when a lower court is not clear about the procedure or rule of law that should apply in a case and asks the Supreme Court to certify the answer to a specific question

How are trials different?

Do not function like principal trial courts because there is no evidence presented or witnesses questioned

How are trials processed at the Supreme Court?

1 attorney for each side presents their arguments for 30 mins while being questioned by judges

What happens after arguments are over in a trial process?

Justices write opinions on the case and each justice chooses which opinion to sign their name to

Opinions

A statement by the court expressing the reasons for its decision in a case.

Majority Opinion

Final decision on the case, signed by at least 5 justices

Aftermath of a Majority Opinion

Becomes precedent for how future similar cases should be decided

Dissenting Opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

Importance of Dissenting Opinions

They can be used as a legal basis to overthrow existing precedent in later cases

Concurring Opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

Recuse

Challenge (a judge, prosecutor, or juror) as unqualified to perform legal duties because of a possible conflict of interest or lack of impartiality.

When does recusing happen?

When a justice has a conflict of interest in a case

McCulloch v. Maryland (1819)

Allowed Congress to use implied powers under Necessary and Proper Clause

Gibbons v. Ogden (1824)

Allowed Congress to regulate all commercial interactions under Commerce Clause

Dred Scott v. Sanford (1857)

Ruled slaves were not citizens under the Constitution; struck down Missouri Compromise (Taney Court)

Brown v. Board of Education (1954)

Overrules Plessy v. Ferguson (no stare decisis). Racial segregation violates 14th Amendment Equal Protection Clause ("separate is inherently unequal")