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Chapter 15: The Federal Judiciary (U.S. Supreme Court (Writ of Certiorari,…
Chapter 15: The Federal Judiciary
The Concept of the Federal Judiciary
Judiciary
A system of courts and judges concerned with administration of justice.
The Jurisdiction of the Federal Courts
Judicial Power
The authority of courts to interpret and apply the law in particular cases.
Jurisdiction
The types of cases a given court is permitted to hear.
Courts of Original Jurisdiction
The types of cases a given court is permitted to hear.
Courts of Appellate Jurisdiction
Courts that review the decisions of lower courts.
Judicial Review
The power to review decisions of the lower courts and to determine the constitutionality of laws and actions of public officials.
Marbury v. Madison
The 1803 case in which the Court asserted the power of judicial review.
The Structure and Organization of Federal Courts
Judicial Conference
A committee of district and appellate judges chaired by the chief justice of the Supreme Court that reviews the needs of the federal judiciary and makes recommendations to Congress.
The Courts of Appeals
Collegial Courts
Courts in which groups of judges decide cases based on a review of the record of the lower-court trial.
En Banc
A procedure in which all the members of a U.S. court of appeals hear and decide a case.
U.S. Supreme Court
Writ of Certiorari
An order from a higher court to a lower court ordering the lower court to turn over transcripts and documents of a case for review.
Rule of Four
Rule according to which four Supreme Court justices must agree to hear a case.
Conference
The meeting of Supreme Court justices where they decide which cases they will hear, and discuss and vote on the cases previously argued.
Majority Opinion
A decision of the Supreme Court in which five or more of the justices are in agreement on the ruling on which party to the dispute should win a case and the reason that party should win.
Concurring Opinion
An opinion written by a Supreme Court justice who agrees with the ruling of the Court but not the reason behind it.
Plurality Opinion
A decision of the Supreme Court in which a majority of the Court agrees on a decision, but there is no majority agreement on the reason for the decision.
Dissenting Opinion
An opinion written by a Supreme Court justice who is in the minority that presents reasons why the justices opposed the majority opinion.
The Selection and Background of Federal Judges
Senatorial Courtesy
The practice that allows senators from states with federal district court vacancies to recommend individuals for the president to nominate. If the president fails to follow the home state senators’ recommendations, a slighted senator may block the nomination from coming to the floor for a confirmation vote.
Confirmation Process
The period between when a presidential nomination of a federal judge is received in the Senate and when the nominee is either confirmed or defeated.
Judicial Decision Making
Legal Model
A view of judicial decision making that argues that judges set aside their own values and make decisions based solely on legal criteria.
Slot Machine Theory
The view of judicial review that all judges do is lay the constitutional provision involved beside the statute being challenged and “decide whether the latter squares with the former.”
Legal Realist Model
A model of judicial decision making that argues that personal values and ideologies affect a judge’s decisions.
Attitudinal Model
A model that suggests that judges’ decisions are largely, if not exclusively, determined by their personal ideological and policy preferences.
Strategic Model
The view that sincere voting does not always maximize utility.
Judicial Review in a Democratic Society
Writ of Mandamus
A court order requiring a public official to perform an official duty over which he or she has no discretion.
Originalism
The idea that Supreme Court justices should interpret the Constitution in terms of the original intentions of the Framers.
Living Constitution
The theory that assumes the Constitution was meant to be a dynamic document whose meaning has to account for contemporary social and political context.
Judicial Restraint
A view of Supreme Court decision making that calls for the Court to defer policymaking to the other branches of government.
Judicial Activism
A view of Supreme Court decision making that calls for the Court to take an active role in policymaking through its interpretation of the Constitution.
Legislative Interpretation
A ruling of the Supreme Court in which the Court interprets on the meaning and intent of a statute passed by Congress. Congress can overturn a decision based on legislative interpretation by passing another law.
Constitutional Interpretation
A ruling of the Supreme Court that declares a law unconstitutional based on the Court’s interpretation of the Constitution. A constitutional interpretation cannot be overturned by a simple statute.