1. Unit 8
Judiciary

2. Constitutional and Legislative Courts
3 Types of Constitutional Courts
1. Federal District
2. Federal Appellate
3. U.S. Supreme Court

3. Judges Term Cannot be fired or have salaries reduced while in office
They are appointed for life
President nominates and Senate confirms

4. Jurisdiction Most federal cases begin in federal district court.
What kind of cases do federal courts hear?
Federal crimes, civil suits under federal law, civil suits between citizens of different states where the amount in controversy exceeds $50,000, bankruptcy, federal administration agencies, maritime law, naturalization of aliens

5. Grand and Petite Juries
Grand: Determines if there is enough evidence to go to trial (not all cases have a grand jury)
Petite Jury: Determines guilt of innocence

6. Federal Appellate Courts
Listen to appeals from lower courts

7. Legislative Courts
Kinds: Claim court, territorial courts, tax courts, Court of International Trade, Court of Appeals for Federal Circuit and Court of Military Appeals 
How are the judges different from Constitutional Judges? Fixed terms, removed or demoted and salaries can be reduced.
Created to address specific issues

8. Supreme Court Only Court specifically created by Constitution
Who confirms Supreme Court Justices? Senate
Original and Appellate? U.S. Party and Ambassadors, public ministers and consuls. Other cases involve appeals
Rule of 4:For an appeal to be heard at least 4 justices must agree to hear the case
Writ of Certiorari: When the court agrees to hear the case
Stare decisis: Let the decision stand
3 Types of Opinions: Per curium, majority, concurring
Why are dissenting opinions important?
If similar case is brought to court in the future and they are considering reversing an earlier decision

9. Supreme Courts JOHN MARSHALL AND ROGER TANEY Know cases and Rulings
Marbury v. Madison, Fletcher v. Peck, McCulloch v. Maryland, Gibbons v. Ogden, Dartmouth College v. Woodward, Scott v. Sandford
Earl Warren Just know that it is considered a liberal court. Gave more rights to criminal defendants and overturned Plessy v. Ferguson
Burger Court
Just know Roe v. Wade

10. Judicial Activism and Judicial Restraint
Difference between activism and restraint
Minimal role in policymaking vs. correcting policy errors that contribute or lead to social and political injustice

11. Reasons for Activism Brown v. Board
Took too long for state legislatures to act
Other reasons for activism
Other civil rights protections

12. Arguments for Restraint
Judges possess no special background or qualities that make them an expert in a specific field
Not directly accountable to the people
No constitutional basis
Doctrine of Political Question
Issue should be left to another branch of government if it is too political

13. Judicial Review and Construction
What is Judicial Review? Can determine acts of congress unconstitutional
Judicial Construction How is the constitution to be interpreted

14. Loose versus Strict Construction
Loose Construction: belief that the constitution is a dynamic living document that must change as the nation develops
Article 1 Section 8
General welfare and necessary and proper clause gives authority 
Strict Construction: Follow letter of the original document
Liberal v. Conservatism
Openness to change vs. status quo
Arguments between strict and loose?
Can change with times, can make the government too powerful and not the intent of the founders