Judicial Branch: Chapters 15-16

• Study Guide for the Judicial Branch: Chapters 15-16

Jurisdiction

• Jurisdiction is the authority of a court to hear and decide a case.
• Three factors determining jurisdiction include:
  • Geographical location of the issue
  • The parties involved
  • Subject matter of the case

Levels in Court Hierarchy

• Trial Courts: Courts where cases are initially heard, evidence is presented, and a decision is made.
• Appeals Courts: Courts that review decisions made by trial courts for errors of law or procedure.
  • They do not retry the facts of the case but focus on legal issues.

Court Types

• Limited jurisdiction trial courts: Courts that hear only specific types of cases, such as traffic violations or small claims.
• General jurisdiction trial courts: Courts that can hear a wide variety of cases, including civil and criminal matters.
• Intermediate appellate courts: Courts that hear appeals from trial courts before cases go to the highest court.
• "Last resort" court: The highest court in a jurisdiction, such as a state supreme court or the U.S. Supreme Court.

Methods of State Judge Selection

• Methods of state judge selection include:
  • Appointment
  • Elections
  • Merit selection
• Pros and cons are specific to each method.

Marbury v. Madison (1803)

• Marbury v. Madison established the principle of judicial review.
• Judicial review is the power of the courts to declare laws unconstitutional.

Federal Judiciary Levels

• The three levels of the federal judiciary are:
  • District Courts: The trial courts of the federal system.
  • Circuit Courts of Appeals: The intermediate appellate courts.
  • Supreme Court: The highest court in the federal system.
• There are 94 district courts, 13 circuit courts of appeals, and one Supreme Court.
• Federal judges (and Supreme Court justices) are nominated by the President and confirmed by the Senate.
• Senatorial courtesy: Is a custom where the president consults with senators from a state before nominating a federal judge for that state.
• Federal judges and justices receive a salary and have lifetime terms.

Supreme Court Procedures

• Process of going before the Supreme Court:
  • Cases must first go through lower courts before potentially being appealed to the Supreme Court.
• The Supreme Court chooses cases to hear through a process.
• Writ of certiorari: A legal document requesting the Supreme Court to hear a case.
• Legal briefs: Written arguments submitted to the Court by parties in the case and interested third parties.
• Oral arguments: Presentations by lawyers to the justices, followed by questioning from the bench.
• Justices then hold a conference to discuss the case and vote on the outcome.

Court Decisions

• Court precedent: Is a principle or rule established in a prior case that is binding or persuasive for a court when deciding subsequent cases with similar issues or facts.
• Stare decisis: Is the legal principle of following precedents established in previous court decisions.
• Majority opinion: A decision agreed upon by more than half of the justices.
• Concurring opinion: A separate opinion written by a justice who agrees with the outcome but for different reasons.
• Dissenting opinion: An opinion written by a justice who disagrees with the majority decision.
• The task of writing the actual documents for the opinions is assigned by the Chief Justice (or the most senior justice in the majority if the Chief Justice is in the minority).

Judicial Orientations

• Judicial activism: The belief that courts should use their power to address social and political problems.
• Judicial restraint: The belief that courts should defer to the other branches of government and avoid making broad policy decisions.

Criminal Justice System

• Chapter 16 focuses on the steps in the criminal justice system.
• These steps progress from crime to corrections.
• Chapter 16 includes definitions and additional notes related to the criminal justice process.