1. AP Government “Judicial Branch”

2. (1) Justice Vinson
In the 1950s the Supreme Court was wrestling with many cases involving African American civil rights
When conservative Chief Justice Fred M. Vinson dies unexpectedly in 1953, the court’s make-up changed
New Chief Justice Earl Warren moved the Court in a more liberal direction
Shortly after Vinson’s death, the Court made the historic Brown v. Board of Education decision which ended segregation in schools
Chief Justice Fred Vinson
Chief Justice
Earl Warren

3. (2) Creation of Federal Court System
In Section 1 of Article III the Constitution creates one supreme Court
Constitution left the rest of the creation of federal courts to the Congress
Judiciary Act of 1789 set up the basis of our federal court system
Constitution provided for lifetime appointment of judges in the federal courts

4. (3 & 4)
Marbury v. Madison (1803) – Supreme Court case involving last minute appointments, but is better known for setting the precedent that the Court could use judicial review
Judicial review – the power to declare congressional (and presidential) acts invalid if they violate the Constitution
It allowed for more of a balance of power between the branches, and allows the judiciary to be a check on the executive and legislative branches
Only 160 provisions of national law have been declared unconstitutional in the over 200 years since the Marbury case

5. (5 & 6) Judicial Review Judicial review cases can be overturned by:
Constitutional amendments
Future Supreme Court cases overturning the previous decision
Judicial review makes the Supreme Court the umpire of national gov’t.
When state laws and state constitutions conflict with the US Constitution or federal laws the supremacy clause of the Constitution makes federal law more powerful than the state
The US Supreme Court can thus declare state laws unconstitutional

6. (7) Complex American Court System
Each state runs its own court system, and no two states’ systems are the same
Federal courts exist alongside state courts
Individuals fall under the jurisdiction of both federal and state courts, and can sue or be sued in both
99% of cases are filed in state courts

7. (8) Court Fundamentals
criminal cases – court cases involving a crime, or violation of public order
civil cases – court cases that involve private dispute arising from such matters as accidents, contractual obligations, and divorce
plea bargain – a defendant’s admission of guilt in exchange for a less severe punishment
common law – legal precedents derived from previous judicial decisions

8. (9 & 10) Three Tiers of Federal Courts
Supreme Court
U.S. Court of Appeals
U.S. District Courts
Sources of litigation for US district courts:
Federal criminal cases (federal law)
Civil cases brought by individuals, groups or the government alleging violation of national law
Civil cases against the federal gov’t
Civil cases between citizens of different states when the amount in controversy is over $75,000

9. (11) Appellate Court Proceedings
Appeals courts are regional and their proceedings are public
They have no jurors, witnesses, or cross-examinations
There is typically a 3 judge panel to hear the appeals case
Judges receive written arguments or briefs, and often allow oral arguments in which the judges can ask questions
Rulings are made strictly on the rulings made and procedures followed in the trial courts
Appeals can only be made on the basis of a mishandling of the case by the prosecution (not if you are just generally dissatisfied with the result)

10. (12) Precedents and Making Decisions
Precedent – a judicial ruling that serves as the basis for the ruling in a subsequent case
Stare decisis – literally means “let the decision stand” which implies that decision making by judges is according to precedents set in other cases
This provides continuity and predictability within our legal system (we wouldn’t want unpredictableness, right?)

11. (13) Uniformity of Law
Appeals courts help ensure that similar issues are dealt with the same way in several district courts (at least within their region)
Several regions may be dealing with similar cases at the same time, but interpreting the law differently
The Supreme Court then makes sure there is uniformity between the different appeals courts in different regions