The Federal Judiciary
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113 terms
Terms | Definitions |
|---|---|
 federalist 78 | written by Alexander Hamilton; talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions |
| judiciary act | a 1789 law that created the structure of the Supreme Court and set up a system of district courts and circuit courts for the nation |
| Chisholm v. Georgia | The heirs of Alexander Chisholm (a citizen of South Carolina) sued the state of Georgia. The Supreme Court upheld the right of citizens of one state to sue another state, and decided against Georgia. |
| 11th amendment | Prohibits citizens of one state or foreign country from suing another state. |
| john marshall | created the precedent of judicial review; ruled on many early decisions that gave the federal government more power, especially the supreme court |
| Fletcher v. Peck | (1810) the Supreme Court struck down a state law as unconstitutional. In the Yazoo Land Fraud Georgia claimed a bunch of land from the Louisiana Purchase that it had no right to claim. Georgia then sold the land to speculators who sold it to farmers. The Federal government stepped in and takes back the land and tells Georgia to give back the money but the money will just end up with the speculators and not the farmers. The Federal government says that the farmers must be paid. This was asserting federal power over state power. |
| Martin v. Hunter's Lessee | 1. Facts: two competing rights to land; Virginia claims that the Supreme Court does not have the authority to review state court decisions 2. Importance: the Supreme Court does in fact have the right to review state court decisions based on the structure of the constitution and the recognition that states could be petty among themselves. |
| Cohens v. Virginia | Cohens found guilty of selling illegal lottery tickets and convicted, but taken to supreme court, and Marshall asserted right of Supreme Court to review decisions of state supreme court decisions. |
| McCulloch v. Maryland | 1819, Cheif justice john marshall limits of the US constition and of the authority of the federal and state govts. one side was opposed to establishment of a national bank and challenged the authority of federal govt to establish one. supreme court ruled that power of federal govt was supreme that of the states and the states couldnt interfere |
| Marbury v. Madison | The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress, (the Judiciary Act of 1789). |
| judicial review | review by a court of law of actions of a government official or entity or of some other legally appointed person or body or the review by an appellate court of the decision of a trial court |
| Roger B. Taney | Chief Justice of the Supreme Court when Dred Scott decision was made |
| Dred Scott decision | A Missouri slave sued for his freedom, claiming that his four year stay in the northern portion of the Louisiana Territory made free land by the Missouri Compromise had made him a free man. The U.S, Supreme Court decided he couldn't sue in federal court because he was property, not a citizen. |
| Schechter Poultry Co. v. U.S. | Facts: Section 3 of the National Industrial Recovery Act empowered the President to implement industrial codes to regulate weekly employment hours, wages, and minimum ages of employees. The codes had standing as penal statutes. Question: Did Congress unconstitutionally delegate legislative power to the President? Conclusion: The Court held that Section 3 was "without precedent" and violated the Constitution. The law did not establish rules or standards to evaluate industrial activity. In other words, it did not make codes, but simply empowered the President to do so. A unanimous Court found this to be an unconstitutional delegation of legislative authority. |
| U.S. v. Nixon | (1973) No person, not even the President of the United States, is completely above law; and the president cannot use executive privilege as an excuse to withhold evidence that is 'demonstrably relevant in a criminal trial.' |
| John Roberts | The Current Chief Justice of the Supreme Court |
| trial court | the first court before which the facts of a case are decided |
| appellate court | a court whose jurisdiction is to review decisions of lower courts or agencies |
| criminal law | the body of law dealing with crimes and their punishment |
| civil law | law concerned with private wrongs against individuals |
| litigant | one who is engaged in a lawsuit |
| plaintiff | a person who brings an action in a court of law |
| defendant | a person or institution against whom an action is brought in a court of law |
| standing to sue | the requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government |
| Madalyn Murray O'Hair | an atheist and Communist who used her teenaged son to protest daily Bible reading and prayer in public schools of Baltimore Maryland |
| Elk Grove Unified School District v. Newdow | Question: Does a public school district policy that requires teachers to lead willing students in reciting the Pledge of Allegiance, which includes the words "under God," violate the Establishment Clause of the First Amendment? Decision: 8 for elk grove, 0 against. Petition was void, other question was revoked. (newdow lost standing to sue) |
| class action suit | a case brought by someone to help him or her and all others who are similarly situated |
| justifiable dispute | A dispute growing out of an actual case or controversy that is capable of settlement by legal methods |
| ACLU | The American Civil Liberties Union. It defends and preserves the individual rights and liberties that the Constitution and laws of the United States guarantee everyone in this country. |
| amicus curiae brief | a brief presented by someone interested in influencing the outcome of a lawsuit but who is not a party to it |
| public defender | a lawyer who represents indigent defendants at public expense |
| brief | a document stating the facts and points of law of a client's case |
| jury | a body of citizens sworn to give a true verdict according to the evidence presented in a court of law |
| constitution court | 19-member court that hears cases regarding Constitutional law |
| legislative court | A lower federal court created by Congress for specialized purposes. These justices have fixed terms of office, can be removed from office, and may have their salaries reduced while in office. |
| federal district court | Court of original jurisdiction for most federal cases. The only one that holds trials in which juries and witnesses are used. |
| federal question jurisdiction | The power of the federal courts to hear matters of federal law |
| U.S. marshal | In charge of Judicial security, Fugitive investigations, Witness security, prisoner services, Justice prisoner and Alien transportation system, and asset forfeiture program. |
| U.S. attorney | a lawyer appointed by the president in each judicial district to prosecute and defend cases for the federal government |
| federal magistrate | a minor judicial official who holds preliminary hearings in federal criminal cases, issuers arrest warrants, sets bail, and if the parties consent, holds jury and non-jury trials in civil cases or criminal misdemeanor cases |
| court of appeals | a court with appellate jurisdiction that hears appeals from the decisions of lower courts |
| D.C. court of appeals | ... |
| U.S. court of appeals for the federal circuit | ... |
| precedent | a ruling that is used as the basis for a judicial decision in a later, similar case |
| stare decisis | Let the decision stand; decisions are based on precedents from previous cases |
| 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. |
| strict constructionist | a person who interprets the Constitution in a way that allows the federal government to take only those actions the Constitution specifically says it can take |
| Sandra Day O'Connor | She was a lawyer and later Chief Justice of the Supreme Court. She was the first woman to be a justice on the Supreme Court. |
| Louis Brandeis | A lawyer and jurist, he created the "Brandeis Brief," which succinctly outlines the facts of the case and cites legal precedents, in order to persuade the judge to make a certain ruling. |
| Ruth Bader Ginsberg | Appointed by Clinton, Ginsberg was a judge known to believe that abortion was constitutional, to strengthen the Supreme Court majority in favor of upholding the landmark case of Roe vs. Wade. |
| Clarence Thomas | This man was an African American jurist, and a strict critic of affirmative action. He was nominated by George H. W. Bush to be on the Supreme Court in 1991, and shortly after was accused of sexual harassment by Anita Hill. Hearings were reopened, and he became the second African American to hold a seat in the Supreme Court. |
| American Bar Association | professional interest group with the most influence on the President and his choice of a federal judge |
| senate judiciary committee | A Senate committee, charged, among other things, with recommending for or against presidential appointees to the federal courts. |
| Robert Bork | Reagan appointee for judge, rejected due to extreme restraint views,his role in the media, his interest group involvement and his famous 'Paper Trail' |
| writ of certiorari | a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case |
| cert pool | A system initiated in the Supreme Court in the 1970s in which law clerks screen cases that come to the Supreme Court and recommend to the justices which cases should be heard. |
| discuss list | The list of cases that the Supreme Court will discuss hearing and vote on. |
| dead list | a list of cases that the supreme court rejected |
| Rule of Four | Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case |
| clerks | play a big role in deciding which cases should be hear under a writ of cert in the Supreme Court |
| Solicitor General | a law officer appointed to assist an attorney general |
| oral argument | stage in Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by justices |
| Grutter v. Bollinger | affirmative action case (lost) ; race could be used as a factor in admissions as long as there was no point system and race was not a major factor; upheld Bake case |
| moot-court | a mock court where law students argue hypothetical cases |
| per curiam decision | A court decision without explanation. |
| majority opinion | the opinion joined by a majority of the court (generally known simply as 'the opinion') |
| plurality opinion | A court opinion that results when a majority of justices agree on a decision in a case but do not agree on the legal basis for the decision. In this instance, the legal position held by most of the justices on the winning side |
| concurring opinion | an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasoning |
| dissenting opinion | an opinion that disagrees with the court's disposition of the case |
| Webster v. Reproductive Health Services | allowed states to ban abortions from public hospitals and permitted doctors to test to see if fetuses were viable |
| judicial restraint | Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say. |
| judicial activism | Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values. |
| judicial implementation | the way in which court decisions are translated into action |
| statutory construction | The judicial interpretation of an act of Congress. In some cases where statutory construction is an issue, Congress passes new legislation to clarify existing laws. |
| Reynolds v. Sims | "one man-one vote" principle, both houses of state legislatures must be apportioned on basis of population, equal protection, 14th amendment |
| midnight judges | The 16 judges that were added by the Judiciary Act of 1801 that were called this because Adams signed their appointments late on the last day of his administration. |
| William Rehnquist | United States jurist who served as an associate justice on the United States Supreme Court from 1972 until 1986, when he was appointed chief justice (born in 1924) |
| Harry Blackmun | One of Nixon's Supreme Court appointment and was the author of Roe v. Wade. |
| Roe v. Wade | established national abortion guidelines; trimester guidelines; no state interference in 1st; state may regulate to protect health of mother in 2nd; state may regulate to protect health or unborn child in 3rd. inferred from right of privacy established in griswald v. connecticut |
| William J. Brennan Jr. | leading force for judicial activism; to him, the core of the constitution and the bill of rights was a commitment to human dignity |
| Wainwright v. Sykes | 1977 (Rehnquist) Replaces deliberate bypass test with cause and prejudice standard What is cause? Not non-IAC attorney error; not new constitutional claim, or mistaken belief that claim without merit but yes new evidence that IAC atty should have found, evidence nod discovered due to a brady violation, or mistaken omission of a claim Prejudice: Reasonable probability of a different outcome at trial based on claim that you have cause for not having brought |
| New family values | ... |
| Planned Parenthood v. Casey | states may regulate abortion as long as there is "no undue burden" on the mother; did not overturn Roe v. Wade but gave states mroe leeway in regulating abortion (parental consent for minors, 24 hour waiting period) |
| U.S. v. Lopez | 1995, the court held that congress had exceeded its powers by prohibiting guns in a school zone. |
| Dickerson v. U.S. | (2000) Congress cannot pass law contradicting Court ruling. Cited judicial review, dissent called ruling "Pyramid of judicial arrogance". |
| Bush v. Gore | this case ruled in favor of Bush by saying that recounting the votes in certain counties of Florida was unconstitutional because of equal protection of the law; Gore's wish to make the process as simple and painless as possible backfired |
| Gibbons v. Ogden | This case involved New York trying to grant a monopoly on waterborne trade between New York and New Jersey. Judge Marshal, of the Supreme Court, sternly reminded the state of New York that the Constitution gives Congress alone the control of interstate commerce. Marshal's decision, in 1824, was a major blow on states' rights. |
| Cherokee cases | case that dealt with taxing cherokee tobacco |
| 14th amendment | Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws |
| Civil rights cases | 1883 - These state supreme court cases ruled that Constitutional amendments against discrimination applied only to the federal and state governments, not to individuals or private institutions. Thus the government could not order segregation, but restaurants, hotels, and railroads could. Gave legal sanction to Jim Crow laws. |
| Munn v. Illinois | 1876; The Supreme Court upheld the Granger laws. The Munn case allowed states to regulate certain businesses within their borders, including railroads, and is commonly regarded as a milestone in the growth of federal government regulation. |
| Plessy v. Ferguson | supreme court ruled that segregation public places facilities were legal as long as the facilites were equal |
| John Marshall Harlan | Justice that disagreed in Plessy V. Fergeson and said that the constitution was color-blind. |
| Lochner v. New York | overturns new york law setting 8 hr maximum working hours for bakery workers- 1905 |
| Oliver Wendell Holmes | was a physician by profession but achieved fame as a writer; he was one of the best regarded American poets of the 19th century. |
| Adkins v. Children's Hospital | Supreme Court case that invalidated Muller v. Oregon, declaring that since women now had the vote, they were equal to men and undeserving of special protection |
| liberty of contract | This term was used by the Supreme court describing the freedom of individuals to bargain among themselves the terms of their own contracts stemming from the case NRLB v. Jones |
| court-packing scheme | FDR's plan to "pack" the Supreme Court with supporters to keep his New Deal programs from being declared unconstitutional |
| West Coast Hotel v. Parrish | (1937) ruled that the Constitution permitted the restriction of liberty of contract by state law where such restriction protected the community, health and safety or vulnerable groups. Cited Muller v. Oregon. (Explicit end of Lochner Era) |
| Hugo Black | A judge of the twentieth century; he served on the Supreme Court from 1937 to 1971. Black was a strong defender of the civil liberties of the individual against intrusion by the state. |
| Minersville v. Gobitis | two Jehovah's witness's children refused to say the pledge of allegiance school. school expelled children. court ruled that the state had the right to foster "National Unity" as the basis of national security and validated expulsion |
| West Virginia State Board of Education v. Barnette | Overruled Minersville v. Gobitis, freedom of exercise in schools was more important than the government fostering patriotism. |
| Dennis v. U.S. | 1951,In 1948, the Attorney General indicted two key Communist leaders for violation of the Smith Act of 1940 which prohibited conspiring to teach violent overthrow of the government. They were convicted in a 6-2 decision and their appeal was rejected. |
| NAACP | National Association for the Advancement of Colored People, founded in 1909 to abolish segregation and discrimination, to oppose racism and to gain civil rights for African Americans, got Supreme Court to declare grandfather clause unconstitutional |
| Brown v. Board | a landmark decision of the United States Supreme Court, which overturned earlier rulings going back to Plessy v. Ferguson in 1896, by declaring that state laws which established separate public schools for black and white students denied black children equal educational opportunities. Handed down on May 17, 1954, the Warren Court's unanimous (9-0) decision stated that "separate educational facilities are inherently unequal." As a result, de jure racial segregation was ruled a violation of the Equal Protection Clause of the Fourteenth Amendment. This victory paved the way for integration and the Civil Rights Movement. |
| Earl Warren | Chief Justice on the Supreme Court from 1953 to 1969, presided over the Brown V. Board of Education case |
| Brown II | 1955; declared that public school officials could use "all deliberate speed" to comlpy with the court's 1954 Brown ruling. |
| Griffin V. County School Board of Prince Edward County | Orders county in Virginia to reopen its public schools as integrated, because the public schools were clearly closed to avoid integration. |
| Gideon v. Wainwright | a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys. |
| Griswold v. Connecticut | married couple wanted to get contraceptives; struck down a Connecticut law prohibiting the sale of contraceptives; established the right of privacy through the 4th and 9th amendment |
| Thurgood Marshall | American civil rights lawyer, first black justice on the Supreme Court of the United States. Marshall was a tireless advocate for the rights of minorities and the poor. |
| Warren Burger | the Supreme Court justice during the Nixon administration. He was chosen by Nixon because of his strict interpretation of the Constitution. He presided over the extremely controversial case of abortion in Roe vs. Wade. |
| Miranda v. Arizona | Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police. |
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