Adversarial System: Legal system used by the United States and other countries in which a judge plays a relatively passive role as attorneys battle to protect each side’s interests. In inquisitorial systems, judges take an active role in investigating cases and questioning witnesses. Dual Court System: Separate systems of state and federal courts throughout the United States. Each state court system is responsible for interpreting the laws and constitution of that specific state, while the federal courts are responsible for the U.S. Constitution and laws enacted by Congress. Criminal prosecutions involve accusations that one or more individuals broke the law and therefore should be punished. Civil lawsuits , involve people or corporations seeking compensation from those whom they accuse of violating contracts or causing personal injuries or property damage. Civil lawsuits can also seek orders from judges requiring the government, corporations, or individuals to take specific actions or refrain from behavior that violates the law.
Statutory law: Laws written by state legislatures and by Congress.
Trial courts are courts of original jurisdiction, meaning they receive cases first, consider the available evidence, and make the initial decision. Jury trials involve the use of a group of citizens who will hear evidence, determine if sufficient evidence has been presented to arrive at a guilty verdict or not; they may also be involved in the sentencing of a defendant found guilty of a crime. Alternatively, the defendant can waive his right to a trial by jury and request a bench trial in which a single judge is the decision maker
Appellate jurisdiction means reviews conducted for specific errors that allegedly occurred in trial court processes or in decisions of appellate courts beneath them in the judicial hierarchy. Appellate briefs, submitted by each side’s attorneys will present the argument in written form and then, if the court hears the case, each side’s attorneys will present oral argument. Appellate judges issue detailed written opinions to explain their decisions. Majority opinion: Appellate court opinion that explains the reasons for the case outcome as determined by a majority of judges. This opinion represents the views of the majority of judges who heard the case. Concurring opinions are written by judges who agree with the outcome favored by the majority but wish to present their own reasons for agreeing with the decision. Dissenting opinions represents the appellate court opinion explaining the views of one or more judges who disagree with the outcome of the case as decided by the majority of judges.
Writ of certiorari , a legal order that commands a lower court to send a case forward. The rule of four refers to the requirement that four of the nine justices must vote to hear a specific case in order for it to be scheduled for oral arguments.
In which circuit do you live?
Judicial review : The power of American judges to nullify decisions and actions by other branches of government, if the judges decide those actions violate the U.S. Constitution or the relevant state constitution. Federalist No. 78, authored by Alexander Hamilton, argued in favor of judicial review, asserting not only that legislative acts violating the Constitution must be invalid but also that federal judges must be the ones who decide whether statutes are unconstitutional. Marbury v. Madison (1803): A case in which the U.S. Supreme Court asserted the power of judicial review, despite the fact that the concept is not explicitly mentioned in the U.S. Constitution.
Judiciary Act of 1789 , the act of Congress that designed the federal court system and established its procedures. A writ of mandamus is an order from a court mandating that a government official perform some official duty of their office they are refusing to perform.
Article III of the Constitution specifies that federal judges will serve “during good Behaviour.” Effectively, that means lifetime tenure, since judges typically are removed through impeachment by Congress only if they commit a crime. Impeachment: Process in Congress for removal of the president, federal judges, and other high officials. Court-packing plan: President Franklin D. Roosevelt’s unsuccessful proposal in 1937 to permit the appointment of additional justices to the U.S. Supreme Court.
Senatorial Courtesy: Traditional deference by U.S. senators to the wishes of their colleagues concerning the appointment of individuals to federal judgeships in that state. Members of the minority political party in the Senate may block a vote through a filibuster. A filibuster can be closed with a vote of cloture.
Lower-court judges in particular must be concerned that their decisions will be overturned on appeal to higher courts, if they make decisions that conflict with the judgments of justices on courts of last resort. Case precedent: the body of prior judicial opinions, especially those from the U.S. Supreme Court and state supreme courts, which establishes the judge-made law developed from interpretations of the U.S. Constitution, state constitutions, and statutes.
Critics of original intent argue that there is no way to know exactly what the Constitution’s authors intended with respect to each individual word and phrase, or even whether one specific meaning was intended by all of the authors and ratifiers. Moreover, these critics typically argue that the ambiguous nature of many constitutional phrases, such as “cruel and unusual punishments” and “unreasonable searches and seizures,” represents one of the document’s strengths, because it permits judges to interpret and reinterpret the document in light of the nation’s changing social circumstances and technological advances. Flexible interpretation: An approach to interpreting the U.S. Constitution that permits the meaning of the document to change with evolving values, social conditions, and problems.
The idea that justices follow specific theories of constitutional interpretation and carefully consider precedents in making decisions is often labeled the legal model. In the attitudinal model , the Supreme Court justices’ opinions are driven by their attitudes and values. Advocates of this model see the justices’ discussion of interpretive theories and precedent as merely a means to obscure the actual basis for decisions and to persuade the public that the decisions are, in fact, based on law. The strategic voting model posits that Supreme Court justices vote strategically in order to advance their preferred goals, even if it means voting contrary to their actual attitudes and values in some cases. New institutionalism is an approach that emphasizes understanding courts as institutions and seeing the role of courts in the larger political system. The adherents of new institutionalism do not necessarily agree with one another about the causes and implications of judicial action. They do, however, seek to move beyond analyzing judicial decisions (or indecisions) solely by looking at the choices of individual Supreme Court justices. Instead, they may focus on the Supreme Court’s processes, its reactions to statutes that undercut particular judicial decisions, or its decisions that minimize direct confrontations with other branches of government.
Typically, this policy-shaping process is used by legal professionals who have technical expertise and financial resources. The court pathway is often attractive to small interest groups because it is possible to succeed with fewer resources than are required for lobbying or mass mobilization.
Pro bono is from the Latin phrase pro bono publico and is when attorneys work for reduced fees or for free.
Test case: A case sponsored or presented by an interest group in the court pathway with the intention of influencing public policy. Amicus brief: A written argument submitted to an appellate court by those who are interested in the issue being examined but are not representing either party in the case; often submitted by interest groups’ lawyers to advance a specific policy position.
Court decisions are not automatically implemented or obeyed: Judges must rely on public obedience and the executive branch to enforce their decisions US v. Nixon (1972) Cherokee Nation v. the State of Georgia (1831) Brown v. Board of Education (1854)
American judges possess the power to shape public policy but this power has risks. What if life-tenured judges make decisions that create bad public policy? What if they make decisions that nullify popular policy choices made by the people’s selected representatives
Trial courts are courts of original jurisdiction, meaning they receive cases first, consider the available evidence, and make the initial decision. Jury trials involve the use of a group of citizens who will hear evidence, and determine if sufficient evidence has been presented to arrive at a guilty verdict or not; they may also be involved in the sentencing of a defendant found guilty of a crime. Alternatively, the defendant can waive his right to a trial by jury and request a bench trial in which a single judge is the decision maker
Trial courts are courts of original jurisdiction, meaning they receive cases first, consider the available evidence, and make the initial decision. Jury trials involve the use of a group of citizens who will hear evidence, and determine if sufficient evidence has been presented to arrive at a guilty verdict or not; they may also be involved in the sentencing of a defendant found guilty of a crime. Alternatively, the defendant can waive his right to a trial by jury and request a bench trial in which a single judge is the decision maker