Key Terms
Common law
Judges interpret the law; decisions build on each other through precedent. United States uses this system — inherited fr
Code law
Very detailed statutes; judges simply apply them, not interpret. Used in many other countries.
Handle
Cases involving foreign governments, patents and copyrights, Native American rights, maritime law, bankruptcy, interstat
Upside
More venues for rights protection; different state courts may be more receptive to certain issues; federalism allows var
Downside
No uniform application of the law; where you live affects how your case is treated; inconsistent outcomes on the same le
Thirteen circuit courts
11 geographic + D.C. Circuit + Federal Circuit.
Stare decisis
Latin for "stand by things decided." Today's rulings are grounded in past decisions; tomorrow's rulings build on today's
Why it matters
Consistency and stability. Citizens can predict how the law will apply.
Example
Plessy v. Ferguson (1896) established "separate but equal." Brown v.
Process
1. President selects nominee (sometimes from American Bar Association recommendations) 2.
Senatorial courtesy
President consults home-state senators before nominating lower court judges. Judicial implementation: Process by which c
Rule of Four
Four justices must agree before the Court hears a case.
Once a case is on the docket
1. Petitioner files a brief (written legal argument) 2.
Majority opinion
The Court's decision; agreed to by at least five of the nine justices. This sets precedent.
Dissenting opinion
Written by justices who disagree with the majority. Doesn't set precedent but is part of the record; can become influent