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MotXjZrdGXeEnllNrxji

Study note

Deepti Rao

United States of America

DEFAULT (US)

AP US Government

Judiciary

Overview

Federal Judiciary
Article 3
Qualifications
Age - no age
Residency no limit
Citizenship - no limit
Term - life
How are judges chosen
Federal judges are appointed by the president and approved by the Senate
Senatorial Courtesy
-
Pres appoints every single judge
Ask senator opinion on which people would be good for this job
Litmus Test
nominations in judiciary positions
About political affiliation
Vetted and vetted free all past info and not during hearing
How u feel on judicial philosophy like abortion,
Good candidate will be an answer that doesn't give u a view bc judges cannot be
biased
Marbury vs Madison
Madison was excretory who withheld papers
Marburg was to be a judge
Jefferson didn't appoint judges that are federalist on his desk (illegal)
Writ of mandamus a mandate that something happens
Marbury will ask the judicial branch to write a writ of mandamus to make his a
judicial commission
Congress suspends the supreme court for a whole year
Pres ignores an order from supreme court
Making supreme court an inferior branch Does Supreme court have power
Judiciary act 1789
Judicial review
is not explicitly stated in constitution
To examine and invalidate actions undertaken by the legislative and executive branches
if deemed unconstitutional or unlawful
Writ of mandamus expanded the power that the court has under the
constitution
Marshall says that this act is unconstitutional as it is unconstitutional
Established through marbury v madison (1803)
The Supreme Court became more powerful and more equal with other branches and can
check other branches
Jurisdiction
Types of cases
Not all laws are constitutional as not all laws go to the Supreme court
Review of acts of congress
Review of State actions (Supremacy Clause)
Review of presidential power
Structure:
Pentagon papers
Review of federal agency actions
ΕΡΑ
The power to make legal decisions and judgments
Dual court system
State and federal
Unit focuses on federal system
Original jurisdiction
A court's power to be the first to hear a case
Appellate jurisdiction
A court's power to review a case appealed from a lower court
Federal court jurisdiction
Federal cases (us matters)
Diversity cases (involving citizens from 2 or more states) High Court
Appellate
Courts
Trial Courts
Federal Courts
and Boards
Outside the
Judicial Branch
U.S. Circuit
Courts of Appeals
(12 circuits)
U.S. District Courts
(94 districts)
U.S. Bankruptcy Courts
(1 in each district)
District courts - trial courts
is the lowest level
Federal trial courts
Administrative
Agency Offices
and Boards
Legislative courts - federal courts (bureaucracies is)
Court of military appeals
US tax court
Grand jury 23 people
Income tax and tax issues
Petit jury 12 people
Established 1789
Original jurisdiction involving federal law
94 districts
Both civil and criminal cases
Created by congress constitutional power for specific purposes
US claims courts
U.S. Supreme Court
Original jurisdiction claims against US gOBV
Court of appeals for the federal circuit
Appeal for patents, trademarks, etc.
US court of international trade
Tariffs and trade matters
U.S. Tax
Court
IRS Appeals
Office
Guilt or innocence
Most cases end here
Most landmark cases originate from here
U.S. Court of
Federal Claims
U.S. Court of Appeals
for Veterans Claims
Enough evidence for a case to come for trial or not
Yes or no were going to charge you and put u on trial
Everything is secret in these cases
Innocent until proven guilty
U.S. Court of Appeals
for the Federal Circuit
Board of
Veterans Appeals
U.S. Court of
International Trade
U.S. Court of Appeals
for the Armed Forces
U.S. Courts of Military Review
(U.S. Army, Navy, Air Force,
Marine Corps, & Coast Guard) Courts of Appeals
Established in 1891
Involved federal issues, improper courtroom procedures, incorrect application of law in
lower courts
Usually a 3-judge bench
11 circuits + District of Columbia + US court of appeals for federal circuit
Circuits created by population
Then circuit court which has cases appealed to them
11 circuits
12 for DC
13 for federal for patent and military
Supreme Court highest court
Established through Art 3
Final decision-maker on all federal laws
Can be challenged by amendments, 11, 13, 14, 16 amendments
Currently 9 justices including the chief justice
Appointed for life/confirmed by senate
Session runs first monday in oct through June
Original Jurisdiction of Supreme court
Cases heard for the first time
Cases between states
Cases involving foreign ambassadors and other diplomats
The US and a state
A state and a citizen of another state
Action brought by state
Appellate jurisdiction of Supreme court
Cases review from lower courts
US courts of appeal
States highest courts (federal questions)
Court of military appeals
Us regulatory commissions
Legislative courts
Cases reach Supreme court
petition for a writ of certiorari
An order from supreme court to a lower court to send up the records on a case
for review
Ask them to hear a losing case to review decision of a lower court rather than
facts of the case Brief:
Federal laws are equal across nation
Writ of certiorari gets approved with Rule of 4
Only for important federal questions like constitutional issue or legal error in lower
court
4/9 justices to grant a cert
Supreme Court cases
To become a judge
Cases of national importance
Lower court invalidated federal law
Resolves split decision in lower court
be nominated by President
Approved by senate
Press must formally appoint u to court
Submitted by lawyers
Written statement setting forth the legal arguments, facts, and precedents
supporting one side of case
Amicus Curiae Brief
Conference
Prevents majority if court from controlling all cases it hears
"Friend of the court" filed by parties with an interest in case
Oral Arguments
Lawyers on each side only have 30 min to argue their point of view
Mondays and tuesdays
Opinion
Led by chief justice
All 9 or at least 6 gather
And give their conclusions on each case
All votes receive the same weight
Unanimous
All justices agree
About 3-4 of decisions are unanimous
Majority
Concurring
5/9 justices vote the same way
One or more justice agree with the majority's conclusion but varied reason write
this opinion
Dissenting
Not in majority Grutter v Bollinger (2003)
Styles of Judicial Interpretation - both of them are very similar
Judicial Activism (Loose Constructionism)
Courts should play a key role in shaping national policy
Should apply constitution to social and political questions
Under chief Justice Earl Warren (1953-1969)
Judicial Restraint (Strict constructionism)
Updated Approaches
Court avoid taking initiative on social and political questions
Congress can do it
Stand by Congress unless it violated a specific part of Constitution
Neutralist model
Seemed very libertarian
Many controversial issues were decided
The meaning of constitutional text
Orginialism, textualism
Value of Stare decisis (idea of looking at precedent or the past)
Guide for current case
Brown vs Board of Education
Extension of protections in criminal right
Right to remain silent
Attitudinal Decision-making model
118th congress starts Jan 3
First day in house
Look at statistical pattern of justices decision-making
Uses martin-quinn scores to see justices decisions based on personal ideological
views
Originalism vs living evolving constitutionalism
Speakers is only one in constitution and nothing can be done before their
selected
First day must vote speaker
Not needed for unit 5
Speaker must have majority in house
Obergefell v Hodges (2015)
Legalizes same sex marriage Important Vocab
Statutory law: made by legislature
Case/common law: made by courts
Key concepts with civil liberties
1964
-
Civil Liberties reflect restrictions on gov
-
Civil rights reflect gov's collective decisions on the treatment of individuals
Who can participate
Bill of Rights
How they can participate
How much they can participate
Protects against discriminations on race, sex
More opportunities for women
National govt
December 15, 1791
Civil liberties
Protections of citizens from improper gov action
Substantive
Limits what gov has the power to do
Procedural
Addresses how the govt should act
Innocent until proven guilty
Barron v Baltimore
State religion, quartering troops, eminent domain
Dual citizenship
State and country
Does the 5th Amendment's protection of Due Process apply to the states?
Slaughterhouse cases (1873)
This monopoly lowers the price the butchers get
Butchers claim the Monopoly causes them to go into involuntary servitude and violate
the 13th and 14th amendments
Narrow interpretation of the 13th and 14th amendments
So those amendments only deal with slaves so cannot be used for butchers
Only in this case interpretation
Broad looks all cases such as this like brown vs board of education
First amendment Limits
Press
Speech
Pure speech
Strict Scrutiny
Citizens United
Unlimited money to indirect to party
Highest standard of protection from gov
Gov purpose compelling/very strong
Law narrowly tailored or least restrictive
Speech plus conduct
Symbolic speech
Defamation of character (libel)
Clear and present danger (public welfare)
Fighting words
Schenck v US (bad)
Debs v US (praising draft dodgers)
Abrams v US (leaflets inciting protests, strikes)
Gitlow v New York (incorporation of speech)
Imminent Danger (public safety/shouting fire)
Bradenburg v ohio
Strict Scrutiny
Mass media
Religion
Expressive speech such as demonstrations, handing out leaflets, sit-ins
Public forum
Chaplinsky v New Hampshire
Prior restraint
Expressive action such as flag burning
Texas V Johnson (1989)
Press, radio, television
Shield laws
Censorship
Protect sources
National security
Obscenity
Establishment
Prohibits the establishment of one or more official religions
Free exercise
Prevents the federal government from restricting an individual's right to practice
or not practice religion
Most agree that the founding fathers wanted to End the government declaring an official religion\
Prevent the government from providing special benefits to one religion and not another
Lemon v Kurtzman (1971)
The action must have a secular legislative purpose
Do not advance or inhibit religion
Overturned by Kennedy v Bremerton (2022)
Assembly
Peaceable
Public places
Rules (reasonable and fair)
Heckler's veto
Actions of the crowd prevent person/group from exercising free speech
Not protected
Right to Petition
Second Amendment
DC v Heller (2008)- District
Struck down DC ban on handguns
Federal justification bc DC not a state
Mcdonald v Chicago (2010) - State
Struck down chicago ban on handgun
Incorporation of 2nd amendment
Fourth Amendment
Home
A search warrant for a specific item is needed by the gov
Mapp v ohio (1961)
Exceptions
Person and "stop and frisk"
Need reasonable suspicion
Probable cause
Hot pursuit
Exigent circumstances
Automobiles
Illegal things seen or heard from outside
Consent
Probable cause
Mobility
Guidelines for Determining Violations
Was the search conducted by a private individual or a gov official
Is the person claiming that their rights have been violated or someone else's
Was the contraband in plain sight Was the invalid warrant obtained in good faith
Does the contraband fall under the exclusionary rule
Fifth amendment
Due process
All people are treated fairly under the law
Innocent until proven guilty
Grand jury for a capital crime (death penalty)
Double jeopardy
Self-incrimination
Eminent domain (Kelo v. New London, 2005)
Gov can take land if they pay for it
Sixth Amendment
Speedy and public trial
Usually within 100 days or to the benefit of the accused
Impartial jury (petit jury)
Informed of charges
Right to confront witnesses (subpoena)
Right to counsel
Gideon v Wainwright (1963)
Escobedo v Illinois (1964)
Right to an attorney on trail
Incorporation apply the bill of rights to the states
7th amendment
Miranda v Arizona (1966)
Right to an attorney when questioned by police
8th amendment
Bail
Right to remain silent, right to attorney
Civil cases
Entitled to a jury if its more than $20
Based on crime and ability to pay
Ensures that you would show up for the trial
Cruel and unusual punishment
Barbarity
Punishment fits the crime
Furman v Georgia (1972)
Inconsistent jury practice with death penalty
Gregg v Georgia (1976)
Juries are better informed with using death penalty
Fourteenth Amendment
This guarantees due process at the state level The bill of rights pertains to the federal government
Incorporation doctrine: Selective incorporation, also known as incorporation doctrine, is a
constitutionally established doctrine that prevents states from passing laws that deprive
American citizens of rights protected in the Bill of Rights.
Civil Rights vs civil liberties
Civil liberties reflect restrictions of gov
Bill of rights
How they can participate
Reflect gov collective decisions on the treatment of individuals
Civil rights protect individuals from discrimination
14th amendment
Equal protection clause
14 amendment
Required equal protection for a person not just citizen
Guidelines for civil rights
Evolution throughout history
Universal
Equal
Residency: who gets to be here
Political: who gets to participate
Legal: due process
Others: property, education, healthcare
Plessy v Ferguson
Separate but equal
1896
Established 14th amendment
Started Jim Crow Laws
Brown v Board of education
1954
Only for school
Separate educational facilities are unequal
Brown's attorney is Thurgood Marshall
First black on the supreme court
Did Brown end discriminating
Problems
Local officials delayed enforcing Brown
Brown only attacked de jure (by law) segregation but little to de facto (in reality)
segregation
Brown did not directly discriminate in employment, voting, and other areas
The schools shut down
Gave more moral capital to the Court, but didn't initially change things Civil Rights act of 1964
Voting rights
Setts up the voting rights act in 1965
No discrimination in public
Doesn't include private
Desegregation of public school and justice department can enforce it
Federally assisted programs will remove funding
Equal employment opportunity
Registration and voting statistics
Can record statistics for race, gender
Intervention and procedure in civil rights cases
Establishment of community relations service
Anyone accused of crime can get a jury
Civil Rights 1964:
Segregation on the grounds of race, religion, or nation origin banned in public
Doesn't include private
Barred race, religious, national origin, or gender discrimination by employers and
unions
Federally assisted programs will remove funding if these are not followed
Created equal employment opportunity commission
The rite to vote:
The right to vote not included in the constitution
Initially, states restricted voting based on:
Religion
Property
Gender
Race
Voting rights act of 1965
Challenges
Voter id
Voter rules purged
Shelby County v Holder
Discrimination in employment
preclearance (the prior approval by the Justice Department of
changes to or new election laws by certain States) removed
requiring states with past history of voter suppression to have
voting changes approved by federal government
Title VII in Civil Rights Act of 1964
Fair pay act of 2009 (Ledbetter Case)
ERA
1970s the equal rights amendment
37 states were ratified Title IX
On hold since 2015
Prevent discrimination on the basis of gender
Intermediate Scrutiny
Gov has a substantial/important interest in a narrowly tailored way
Connected to gender/sex
Equalize education
Allowed females to play sports
Signed by Nixon
Impact
Expansion of civil rights
Disabilities
EPA is also signed by Nixon
Girls play more sports
americans with disabilities act in 1990
Equal employment rights
Equal access
Signed by President George Bush
LGBTQ Rights
DOMA 1996
Defined marriage between 1 man 1 woman
Don't ask Don't tell 1994
Dishonorable discharge in military
Then it was don't ask or tell
Lawrence v Texas 2003
Consenting adults in their home cannot be prosecution
United states v windsor 2013
Same sex marriage can get money after someone died
Obergefell v Hodges 2015
Legalize same sex marriage
Bostick v clayton county 2020
Cannot discriminate based on gender that u identify as
5th due process federal
14th due process state

Judiciary

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Judiciary

Can't find what you're looking for? Explore other subjects.

Knowunity is the # 1 ranked education app in five European countries

Knowunity was a featured story by Apple and has consistently topped the app store charts within the education category in Germany, Italy, Poland, Switzerland and United Kingdom. Join Knowunity today and help millions of students around the world.

4.9+

13 M

#1

950 K+

Still not sure? Look at what your fellow peers are saying...

I love this app so much [...] I recommend Knowunity to everyone!!! I went from a C to an A with it :D

The application is very simple and well designed. So far I have found what I was looking for :D

Love this App ❤️, I use it basically all the time whenever I'm studying