finished court lectures

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@@ -13,3 +13,129 @@ Federalist 78
     - Means it doesn't need to be elected/representative
     - Independent protectors can be nominated for life
 But it might not really be as weak/unpotent as Hamilton believed.
+
+American Law based on English legal system
+- Common Law: judge-made law based on customs and eventually precedent
+- Stare decisis: stand on decided cases
+- Establishes efficient and stable judgments
+- Alternative: Code Law establishes judicial range, precedent irrelevant
+Federal Court System
+- based on "concurrent powers"
+    - a power that both states and feds have
+- Article III Section 1
+- designed to punish guilty parties
+    - fed courts are more punitive than states
+- Do Federal Courts have authority?
+    - Involves a "federal question"
+        - Federal question: based in part or in whole on Constitution,
+          federal law, or international treaty
+        - Diversity of citizenship: parties in different states
+            - or sue citizen of another country, but having legal
+              standing in int'l courts is improbable
+            - $75,000 must be in contest
+- Must also have "standing to sue"
+    - Real harm has to be committed
+
+Selection of Federal Judges
+- State courts have various methods: appoint, confirm, vote
+- Federal courts are only appointed by the president
+- Longlasting impact of presidents
+    - Ex: Byron White served under 8 presidents
+    - 2016/2020 are super important because justices are dying
+        - Trump winning might make 7-2 Repub majority for 20-30yrs
+        - Biden winning might mean 5-4 or 5-4 swing for dems.
+- The court has become more strategic and political since FDR and in the
+  last 30 years.
+- Bush administration packed the courts with very conservative nominees
+  to push the country in a conservative direction
+    - Obama administration did similar w/ liberal, progressive judges in
+      lower courts
+    - SC nominations have become less and less about cross-party vetting
+      in the Senate
+- Political Party is a huge consideration, esp. in SC
+    - less important for lower courts
+- Importance of Ideology
+    - presidential nominations are based on certain ideological issues
+    - Ex: Trump's main points are Roe v Wade and healthcare/individual
+      mandate
+Three-tiered court model
+- US District Courts
+    - 94 Districts
+    - Districts are distributed evenly on geographic population
+        - Minimum one per state
+    - First entry of civil/criminal case into court
+    - May see an appeal
+- US Court of Appeals
+    - 13 Courts
+    - Panel of Judges
+    - Mostly organized as covering several US district courts
+        - Thirteenth circuit court covers ALL fed gov't cases
+    - Procedural "how was the law applied?" not about case evidence
+- US Supreme Court
+    - 9 justices with lifetime appointments
+    - Many appelate cases are appealed, but SC chooses which cases
+      it will hear.
+    - It hears both "original" (first) and appellate cases (from US
+      circuit court) 
+    - More typical style trial than appellate court
+    - Lawyers have to be certified to argue cases in front of SC
+    - Consider how the cases fit into larger picture of US
+      constitutionalism, legal system
+    - SC has limited time Oct--June
+US Supreme Court
+- Why would the Supreme Court select a case?
+    1 Lower courts disagree
+    2 Ruling conflict: appellate or district court conflicts w/ existing
+      SC doctrine
+    3 "Broad Significant:" broad implications of a case's precedent
+        Not a guarantee---sometimes SC lets district/appeals have juris
+    4 Substantial federal question: taking over jurisdiction from a
+    state court ruling over fed legislation or constitution
+    5 Laws invalid (federal): e.g. SC of Georgia invalidates federal law
+        Almost guaranteed 
+    6 Acts of Congress: unconstitutional laws
+        Requires a case to go through the fed court system still
+    7 Solicitor General can demand the SC immediately review case
+        Speeds up and lowers threshold to SC
+        "Rule of four": four justices can choose to see
+
+Supreme Court decisions
+- Decisions are made on "Points of Law" not facts
+- The final decision is backed by Majority Opinion
+- Dissenting Opinions describe why justices ruled against majority
+    - Name conditions for a basis of a Reversal
+Policymaking
+- "Judicial Review": review Congressional policies on Constitutional
+  bases
+- Judicial Activism
+    - Use power to direct policy toward a desired goal
+    - Broad view of Constitution
+- Judicial Restraint
+    - Rarely use power of judicial review
+    - Limit judicial action in political process
+- Since WW2, the SC has tended to be Active
+O'Brien's "The Court in American Life"
+- The Court reflects (imperfectly) the political culture
+    - Political cycles: people are a bit left-of-center now
+    - Public opinion
+- Brown v. Board of Education
+    - Political cycle realized that "separate but equal" didn't work
+    - Delayed decision, deadlines allowed for a shift in public opinion
+        - Because it wouldn't have been implemented earlier
+    - Argues the Court is aware of its legitimacy and likelihood of
+      compliance
+    - The Court "sparks" action
+What checks our courts
+- The courts are more powerful than the Founders thought
+- Executive Checks
+    - Judicial Implementation: executive enforces court decisions
+    - Power of Appointment - political presidents/executives can
+      (slowly) affect the Supreme and lower courts, making the Court a
+      bit political too
+- Legislative checks
+    - New bills and Amendments
+        - like court packing
+- Public Check
+    - Because Supreme Court can't do anything without support, the Court
+      needs to maintain its legitimacy with the people
+    - but people don't pay attention to it