Court

Crash Course Episode 19 Why do the vast majority of courts not go to court? Most cases start in state courts, when does the federal district court have “original jurisdiction”? When does the Supreme Court have “Original Jurisdiction”? What are the decision rules to hear a case at the Supreme Court?

Jurisdiction What the Judiciary Act of 1789? Act that established the basic three-tiered structure of the federal court system. Federal district courts at the bottom, then circuit courts, then the Supreme Court.

Constitutional vs. Statutory Interpretation What is the Difference Between them? Constitutional Statutory The process of determining whether a piece of legislation or governmental action is supported by the Constitution Methods and tests used by the courts for determining the meaning of a law and applying it to specific situations. Congress may overturn the courts' interpretation by writing a new law.

Levels of Courts There are three (3) different Levels (From less important to more important) District Courts (It has 94 District Courts) Appeals Courts (They hear appeals from the District Courts) Supreme Court

Describe each of the (4) paths that a case may take in being considered by the Supreme Court. Original Jurisdiction- The authority of a court to hear a case first EX a dispute between states. As a matter of right (appeal)- Congress refers an issue to the Court. A writ of certification - A appeals court or state Supreme justice refers a case to the court (not used since 1982). A Writ of Certiorari- 4 out of 9 justices agree to hear a case that has reached them via appeal from a losing party in lower case (95% of cases reach the court is this manner).

Criteria for hearing a case There must be a SUBSTANTIAL federal question!!!!!!! Collusion- There has to be an actual dispute Standing- The party bringing the case must have a personal stake in the outcome Mootness- A criterion used by courts to screen cases that no longer require resolution. Ripeness- A criterion that federal courts use to decide whether a case is ready to be heard. A case's ripeness is based on whether its central issue or controversy has actually taken place.

Hearing a case before the Supreme Court Amicus Curiae: A brief submitted by a "friend of the court” Dissenting opinion: Submitted by justices who disagree Oral Arguments Conference Majority opinion: At least five justices present a legal argument. Concurring opinion: A justice who agrees with the outcome but not the legal reasoning

Philosophy of the justices Some justices may take a strict interpretation approach to the Constitution. They are concerned with what the writers meant when they wrote the Constitution. Other justices may view the Constitution as a “living” document. They believe that the Constitution should be interpreted in light of current political and social conditions.

What is the 14th Amendment?

14th Amendment (1868) “... No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;” “… nor shall any State deprive any person of life, liberty, or property, without due process of law; “ nor deny to any person within its jurisdiction the equal protection of the laws.”

Supreme Court & Overruling Decisions QUESTION! What does” Stare decisis” means? “Let the decision stand” True or False: The Supreme Court ALWAYS overrules a Previous Court Decision? False, they Rarely

Plessy v. Ferguson (1896) The Court said it was legal to restrict blacks to separate train cars as long as the cars available for blacks were just as good as those for whites. The majority opinion established the “separate but equal” doctrine. The dissenting opinion by Justice John Marshall Harlan said that the Constitution is “colorblind.”

Brown v. Board of Education (1954) This Court agreed with Justice Harlan’s dissenting opinion in Plessy. It overturned the “separate but equal” doctrine. The justices said that segregation according to race was inherently unequal.

Judicial Activism What is it? Going beyond judicial review to what the Court’s critics would say is actively inventing new laws in its rulings.

Conservative Activism After the Civil War the Supreme Court began to use its judicial power to strike down federal and state laws that regulated the economy. During this time they struck down laws that: limited work hours established minimum wages prohibited child labor 


Holmes Dissent Wendell Holmes wrote many dissenting opinions in which he said that: Court was overstepping its power. The justices, he argued, were basing their opinions on their preferred economic theory (laissez faire) and not on the Constitution.

What are some examples Socially Activist court rulings?


 “Socially Activist.” Desegregated schools: Brown v Board of Education (1954) Required that police read arrested persons their rights: Miranda v Arizona (1966) Permitted abortions based on a right to privacy: Roe v Wade (1973).