AP government unit 5 judicial branch

judicial review

approx. 120, established by congress

1000s of them, established by state constitutions

the authority to hear and decide on a case by case basis

case can only be heard by a federal court

case could be heard in either federal or state court

a court in which the case is first heard

a court that hears a case form lower court

person who files a lawsuit

person who the complaint is against

list of cases to be heard

handle most of the cases for the federal govt, each state has atleast one, but maybe more based on population, they have original jurisdiction, and do both civil and criminal cases

keeps the supreme court less busy, they have appellate jurisdiction and hear cases appealed from the district courts.

john Adams tried to appoint his own judges before Jefferson became potus, but Jefferson did not allow those judges to come, one of the judges who would have been there was William Marbury

because the judicial branch is separate and has no real power unlike the other branches.

so that they will not be affected by the partisan pressure of reelections and wont succumb to political pressure if they had 2 get reelected

Hammurabi code, Ten Commandments, British common law

party affiliation, judicial philosophy, senatorial courtesy, background

Kavanaugh, Gorsuch, Barret, Alito, Thomas (remember it as __KGB AT__tack)

Kagan, Jackson, Sotomayor (remember it as JKS)

John Roberts

John Roberts and Elena Kagan

law, personal views of justices, relations among the justices, concern of public support, and the other 2 branches

can examine laws and actions of local state and national govt to cancel them if they violate the constitution

due to congress’s use of general language, it is up to courts to decide what law really means

usually old decisions help shape future decisions, but in dissent sometimes a few are overturned, and change must happen

Judges should decide cases based on the original intent of the Constitution and precedent

Judges should act boldly; law should be interpreted and applied considering ongoing changes in society (values).

6, 9

june-sept

potential justices interview president, president nominates the ones he likes, senate vets the nominee and if they approve, there is a new justice, but if they do not approve, there is no new justice

2

a brief unsigned statement of courts decision, if case is simple and facts are mailed in then they can make the decision right there

those not involved directly in the case but have an interest in the outcome will also submit their options.

30 mins of hearing for each lawyer Infront of the court, often interrupted by questions and comments by the justices.

petition arrives and is deemed important or not, on friday list is discussed, per curiam, or hearing

briefs, amicus curiae, oral arguments, conference, opinion

all feel the same for one side

decision of the court, explanation

agree with decision, but on different opinion or grounds

losing opinion for those in disagreement with majority, it can lead to change later if court changes its mind

a decision made in a former case that stands as a rule for future changes in order to keep consistency, can be rarely subject to change

precedent, or let the decision stand