2.  Common Law- Judges make decisions according to prevailing customs which are then applied to similar situations and become common to nation  Precedent- decide new cases with reference to former decisions  Stare Decisis- Latin for “to stand on decided cases” sets doctrine for a precedent

4. District Courts Trial Court- trials held and testimony taken General Jurisdiction-cases from a broad array of issues Limited Jurisdiction- special cases (tax, bankruptcy) Appellate Court- appeal if not happy with district decision Courts of Appeals Hear appeals from the district courts in their jurisdiction 13 th Court (Federal Circuit)- appellate jurisdiction for certain cases (Patent Law, cases where US govt. is defendant) No trial- panel of judges review transcript and proceedings Supreme Court 9 Justices- appointed for life terms by President and approved by Senate Appeals from federal appellate courts and highest state courts Unique- decide which cases they hear FISA Court Foreign Intelligence Surveillance Act Authorize surveillance 7 justices- operate in secret, no records of meetings or public access Warrants can be used to obtain evidence for use in criminal trials Alien “Removal Courts” Anti-Terrorism and Effective Death Penalty Act of 1996 “Alien Terrorists” Judges rule on possible deportation Public deportation proceedings in US District Court- defendant cannot see evidence the prosecution used to secure the hearing

6. Discretionary Jurisdiction Supreme Court decides which cases it hears Usually they hear cases that profoundly impact our lives (Constitutional issues) Examples- capital punishment, affirmative action, religious freedom, assisted suicide, abortion, property rights, etc Factors on Decision Legal questions- resolution by highest court Lower court decision conflicts with an existing Supreme Court ruling Significance beyond the two parties involved Writ of Certiorari An issued by a higher court to a lower court to send up the record of a case for review 90% of petitions for review are denied (which means lower court decision stands) Rule of Four 4 justices must vote to grant a petition for review if a case is to come before the full court

7. Opinion- the statement of the decision reached on a case, gives detailed reasoning for decision (written by one of the justices) Affirmed- Decision of lower court is upheld Remanded- Send case back to the original court in which it was held (lower court decides not to issue a lawsuit but the Supreme Court warrants it) Majority Opinion- outlines the views of the majority justices who voted with the opinion Concurring Opinion- written by judge supporting the majority who wishes to clarify or to make a particular point in regards to the Majority Opinion Dissenting Opinion- written by judges who votes against the majority who wish to explain their reasoning

8. Appointments Presidents make appointments and approved by Senate Senate Judiciary Committee (and subcommittees) Senatorial Courtesy- Senator of President’s party can veto a judicial appointment in their state Senatorial Courtesy- District Judge Nominations Political Patronage (historical way of doing it) Pres. Jimmy Carter- established independent commissions Pres. Ronald Reagan- established complete presidential control of nominations Appeals Judge Nominations Seen as more important Handle more important cases (from presidential view) Presidents play a more active role in their nominations “Stepping-stones” to Supreme Court nominations Roles of Chief Justice Chair of the Judicial Conference of the US- policymaking body that the chief justice indirectly oversees $5.5 Billion budget Influential in providing the philosophical nature of the court (see readings on my website about Warren and Rehnquist Courts)

9. Judicial Review Power of courts to determine whether a law or action by other branches is constitutional Marbury v. Madison Higher the court, the greater the impact Judicial Activism Doctrine stating the Supreme Court should take an active role by using its powers to check the activities of governmental bodies when those bodies exceed their authority Ex- Chief Justice Earl Warren Judicial Restraint Doctrine stating the Supreme Court should defer to decisions of the legislative and executive branches because they are directly elected by the people Strict vs. Broad Construction Strict- “letter of the law” (word for word) Broad- Constitution is a “living organism” and is flexible Disagreement helped give rise of the first political parties (Jefferson and Hamilton

10. Chief Justice Earl Warren Chief Justice William Rehnquist  Seen as more liberal  1953-1969  Known as conservative  Followed by more conservative appointments  Reduce federal power and states’ rights ◦ Commerce Clause- guns in school zones Articles on my website for more details

11.  Supreme court has no enforcement powers and depend on cooperation of other 2 branches  Andrew Jackson “John Marshall has made his decision; not let him enforce it.” (regarding Worcester v. Georgia)  Appointment of judges- help shape the philosophy of the court  US Solicitor General- presidential appointee who is actively involved in about 2/3 of Supreme Court cases

12.  Appropriate funds to carry out rulings  Propose and pass amendments that overturn court rulings  14 th, 15 th, 26 th - discrimination  Pass or rewrite laws ◦ Flag burning ◦ Pornography on Internet

13.  Exert Pressure ◦ State and Local officials enforcement of decisions ◦ Drive agenda of Supreme Court (determine cases that are heard) ◦ Decisions- cautious to make rulings at odds with public opinion

14.  Hypothetical Issues  Disputes that arise out of actual cases  Political Question- one that should be decided by the elected branches of government (ex. Gays and lesbians in the military)