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Nine Old Men FDRs administration. Congress passed laws to end Depression, conservative Court viewed federal intervention in economy as unconstitutional and tantamount to socialism and rejected the policies. FDR court packing failed. Soon justices began to favor the legislation Rule of four if four justices agree to grant review of a case. Access to quality lawyers access to quality lawyers is not equal. Rich people have better access. Amicus curaie briefs used to influence the courts (friend of the court). Definition: legal briefs submitted by friend of the court for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. Appellate jurisdiction jurisdiction of courts that hear cases brought to them on appeal from lower courts. They do not review the factual record, only the legal issues involved. Federal level. Are courts democratic? In some ways, the courts are not a very democratic institution. Civil law is court resolves a dispute between two parties and defines the relationship between them. Civil law cases range from divorce proceedings to mergers of multinational companies and violations of civil rights laws. Concurring opinion written not only to support a majority decision but also to stress a different constitutional or legal basis for the judgment. Conflicting rulings Courts do reflect what Courts of Appeal appellate courts empowered to review all final decisions of district courts, except in rare cases. They also hear appeals to orders of many federal regulatory agencies. Holds no trails, hears no testimony. 12 circuit courts. Focus on errors of procedure and law. US Court of Appeals for the Federal Circuit handle specialized cases Criminal law is government charges individuals with violating one or more specific laws. Prison or a fine. Defendant the party being charged in a case Dissenting opinion written by justices who oppose the majority. Groups use the courts for? Interest groups often use the judicial system to pursue their policy goals, forcing the courts to rule on important social issues. How do courts promote pluralism? Courts can also promote pluralism. When groups go to court, they use litigation to achieve their policy objectives. How is chief justice chosen? Nominated by the President and confirmed to his position by the Senate. Chosen from a sitting justice or a new member. Implementing Supreme Court decisions must rely on others to carry out decisions. Judicial implementation is how and whether court deicison are translated into actual policy, thereby affecting the behavior of others. Involves interpreting, implementi ng, and consumer populations. Judges and justices may disappoint the appointing president. Judicial activism A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Advocates emphasize that the courts can correct pressing needs, even those unmet by the majoritarian political process Judicial restraint Many scholars and judges favor a policy of judicial restraint in which judges adhere closely to precedent and play minimal policymaking roles, leaving policy decisions strictly to the legislature. Judicial review established in Marbury v Madison by John Marshall. When courts determine constitutionality of acts of Congress Jury the people (normally 12) who often decide outcome of the case Justices and the appointing presidents party justices are generally of the same party as the appointing president Justiciable disputes a case must be capable of being settled as a matter of law (legal methods) Legal Services Corporation federally funded. Employs lawyers to serve the legal needs of the poor. Usually these lawyers are overworked attorneys with few resources to devote to an individual case. Litigants a person engaged in a lawsuit. Plaintiff, defendant, jury, standing to sue, justiciable disputes. Litigants end up in court for a variety of reasons. Majority opinion one justice writes the majority opinion (statement of legal reasoning behind a judicial decision) of the case. Nominees making it to the Supreme Court 1 out of 5 nominees will not make it Original intent the idea that the Constitution should be viewed according to the original intent of the Framers. Many conservatives support this view. Original jurisdiction the jurisdiction of courts that hear a case first, usually in a trail. These courts determine the facts of a case. Determine whether it us a criminal charge or a civil suit. More than 90% of court cases begin & end in the court of original jurisdiction. Plaintiff the party bringing the charge. Sometimes the government. Political questions a doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the President and Congress Precedents All courts rely heavily on precedent the way similar cases were handled in the past as a guide to current decisions. The Supreme Court has overruled its own precedents over 200 times. Presidents influence President has more influence on the appellate level

36. Senate approval of Supreme Court nominees 37. Senatorial courtesy an unwritten tradition whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator of the presidents party from the state in which the nominee will serve, Applies to courts of appeal when there is opposition from the nominees state senator. Has the effect of the president approving the Senates choice 38. Standing to sue plaintiffs have serious interest in the case 39. Stare decisis let the decision stand most cases reaching appellate courts settled on this principle. 40. Statutory construction judicial interpretation of an act of Congress. If this is an issue, Congress passes new legislation to clarify existing laws. 41. Supreme Court case acceptance very few cases are actually accepted each year 42. Supreme Court justices are generally white males. Lawyers with judicial and often political experience. 43. The Supreme Court cases it will hear the Supreme Court decides which cases it will hear 44. The Supreme Court jurisdiction some original jurisdiction, mostly appellate jurisdiction 45. The Supreme Court make up off 1 chief justice, 8 associate justices 46. The Supreme Court what kind of cases most are civil cases 47. The Supreme Court - where do the cases come from most cases come from federal courts 48. When choosing candidates for the Supreme Court chosen from a sitting justice or a new member [?] 49. Where are most cases tried? most cases are tried and resolved in state courts, not federal courts 50. Writ of certiorari a formal document that calls up a case.