Unit 7 Vocab

The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved.

An unwritten tradition whereby nominations for state-level federal judicial posts are usually not confirmed if they are opposed by a senator of the president's party from the state in which the nominee will serve. The tradition also applies to courts of appeals when there is opposition from a senator of the president's party who is from the nominee's state.

Order by the Supreme Court directing a lower court to send up the records of a case for review

Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case

A presidential appointee and the third-ranking office in the Department of Justice. This person is in charge of the appellate court litigation of the federal government. They also make arguments in front of the Supreme Court.

Legal briefs submitted by a "friend of the court" for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. These briefs attempt to influence a court's decision.

A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle.

An approach to decision making in which judges play minimal policy-making roles and defer to legislatures whenever possible.

An approach to decision making in which judges sometimes make bold policy decisions, even charting new constitutional ground.

Lawsuits in which a small number of people sue on behalf of all people in similar circumstances.

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

The 91 federal courts of original jurisdiction. They are the only federal courts in which trials are held and in which juries may be impaneled.

Appellate courts empowered to review all final decisions of district courts, except in rare cases. In addition, they also hear appeals to orders of many federal regulatory agencies.

How similar cases have been decided in the past.

How and whether court decisions are translated into actual policy, thereby affecting the behavior of others. The courts rely on other units of government to enforce their decisions.

A doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the president and Congress.

The judicial interpretation of an act of Congress. In some cases where the interpretation is an issue, Congress passes new legislation to clarify existing laws.

This case establishes the Supreme Court's power of Judicial Review

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law

Free speech limited in clear and present danger

1954 case that overturned Separate but Equal standard of discrimination in education.

The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.

case that est. one man one vote. this decision created guidelines for drawing up congresional districts and guaranteed a more equitable system of representation to the citizens of each state

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.

The case that ruled that students do not lose Constitutional rights when they entered the building but they can be limited if they cause a disruption

Court ruled that a court order instituting a "prior restraint" on news stories based on the Pentagon Papers was unconstitutional

Censorship cases ("prior restraint") - Speech that addresses matters of public concern may not be censored. Made it possible for the New York Times to publish the classified "Pentagon Papers".

Amish people refused to send their children to school past the 8th grade when the state required public schooling for all children until age16. Result: This law is in conflict with the Free Exercise clause. The statute is in direct conflict with Amish beliefs. The Amish may teach themselves.

The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.

Second Amendment - gun laws about schools not related to interstate commerce and not under federal authority

The Court held that the right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the Due Process Clause of the 14th Amendment and applies to the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states.

A 2010 decision by the United States Supreme Court holding that independent expenditures are free speech protected by the 1st Amendment and so cannot be limited by federal law. Leads to creation of SuperPACs & massive rise in amount of third party electioneering (Citizens for a Better Tomorrow, Tomorrow)