Judicial Branch and Federal Court System Exam Review
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Chapter 15: Exam 3 Review
Civil vs. Criminal Law
- Civil Law: Deals with disputes between individuals or organizations, where compensation is awarded to the victim.
- Criminal Law: The body of law concerning crime and the legal punishment of criminal offenses.
Legal Precedent and Stare Decisis
Stare decisis is the doctrine of precedent. A precedent is a principle or rule established in a previous legal case that is either binding or persuasive for a court when deciding subsequent cases with similar issues or facts.
The Federal Court System
The federal system consists of three main levels:
- District Courts: The trial courts (94 total).
- Circuit Courts: The first level of appeal (13 total).
- Supreme Court of the United States: The final level of appeal.
Article III of the Constitution
Article III establishes the judicial branch of the federal government, which comprises the Supreme Court and lower courts created by Congress.
The Court Packing Plan
The Court Packing Plan was a legislative initiative proposed by President Franklin D. Roosevelt to add more justices to the U.S. Supreme Court. The size of the Supreme Court is determined by Congress.
U.S. Supreme Court Access
The Supreme Court’s rule of access defines the criteria and categories under which cases are heard by the court.
Senatorial Courtesy
This custom dictates that presidential appointments are confirmed only if there is no objection from the senators of the appointee's state, particularly the senior senator of the president's party.
Nominating Federal Justices
The Constitution grants the President the responsibility for nominating federal judges and justices.
Case Flow to the Supreme Court
Most cases reach the Supreme Court on appeal from a circuit court.
Amicus Curiae Briefs
An amicus curiae (friend of the court) brief is filed by a person or group who is not a party to a lawsuit but has a strong interest in the matter.
Judicial Review
Judicial review is the doctrine under which legislative and executive actions are subject to review and potential invalidation by the judiciary.