THE NATURE OF THE JUDICIAL SYSTEM
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1 THE FEDERAL COURTS
2 THE NATURE OF THE JUDICIAL SYSTEM Introduction: An Adversarial relationship Two types of cases: Criminal Law: The government charges an individual with violating one or more specific laws. Civil Law: The court resolves a dispute between two parties and defines the relationship between them and their legal rights. Most cases are tried and resolved in state courts, not federal courts.
3 THE NATURE OF THE JUDICIAL SYSTEM Participants in the Judicial System Litigants Plaintiff - the party bringing the charge Defendant - the party being charged Petitioner Civil Cases; bringing the suit Respondent- Civil Case- the liable party Jury - the people (normally 12) who often decide the outcome of a case Standing to sue - petitioners have a serious interest in the case. Justiciable disputes A case must be capable of being settled as a matter of law.
4 THE NATURE OF THE JUDICIAL SYSTEM Participants in the Judicial System Interest Groups and other groups Use the courts to try to change policies. Amicus Curiae briefs are used to influence the courts. Law Clerks Justices rely on them to determine which cases to hear (granting certiorari) Prestigious position out of Law School; great for the resume
5 THE NATURE OF THE JUDICIAL SYSTEM Constitutional Grounds for Justices Judicial Restraint/ Originalists Believe that judges should strike down the action of the elected branches only if they violate the literal meaning of the Constitution More conservative side Judicial Activism Believe that people need to be protected from interference from government in their private lives Interpret the law to achieve social justice The Constitution is a living document that can change with circumstances- Gay marriage More liberal side
6 THE STRUCTURE OF THE FEDERAL JUDICIAL SYSTEM Figure 16.1
7 THE STRUCTURE OF THE FEDERAL JUDICIAL SYSTEM District Courts Original Jurisdiction: courts that hear the case first and determine the facts - the trial court. Federal crimes Civil suits under federal law and across state lines Supervise bankruptcy and naturalization Review some federal agencies Admiralty and maritime law cases NO APPELLATE JURISDICTION
8 THE STRUCTURE OF THE FEDERAL JUDICIAL SYSTEM Courts of Appeal Appellate Jurisdiction: reviews the legal issues in cases brought from lower courts. Hold no trials and hear no testimony. NO ORIGINAL JURISDICTION 12 circuit courts U.S. Court of Appeals for the Federal Circuit specialized cases Focus on errors of procedure & law
9 THE STRUCTURE OF THE FEDERAL JUDICIAL SYSTEM The Federal Judicial Circuits (Figure 16.2)
10 THE STRUCTURE OF THE FEDERAL JUDICIAL SYSTEM The Supreme Court 9 justices 1 Chief Justice, 8 Associate Justices Supreme Court decides which cases it will hear Some original jurisdiction, but mostly appellate jurisdiction. Most cases come from the federal courts Most cases are civil cases In order to hear a case there must be a minimum of 6 justices. Recusal
11 THE POLITICS OF JUDICIAL SELECTION The Lower Courts District and Appellate) Senatorial Courtesy: Unwritten tradition where a judge is not confirmed if a senator of the president s party from the state where the nominee will serve opposes the nomination. Has the effect of the president approving the Senate s choice President has more influence on appellate level
12 THE POLITICS OF JUDICIAL SELECTION The Supreme Court President relies on attorney general and DOJ to screen candidates. 1 out of 5 nominees will not make it. Presidents with minority party support in the Senate will have more trouble. Chief Justice can be chosen from a sitting justice, or a new member.
13 THE COURTS AS POLICYMAKERS Accepting Cases Use the rule of four to choose cases. Issues a writ of certiorari(a formal petition seeking to bring a case before the Supreme Court) to call up the case. Very few cases are actually accepted each year. Figure 16.4
14 THE COURTS AS POLICYMAKERS Making Decisions Oral arguments may be made in a case. Justices discuss the case. Justices write opinions- an explanation of a decision of the Supreme Court or any other appellate court One justice will write the majority opinion (statement of legal reasoning behind a judicial decision) on the case. Figure 16.5
15 THE 8 STEPS TO A SUPREME COURT DECISION 1. Reviewing Appeals/ In Forma Pauperis/Docket/ issue writ of certiorari 2. Granting an appeal/rule of 4 3. Briefing the case/ amicus curiae 4. Holding oral arguments- 30 minutes each side 5. Meeting in Conference 6. Explaining the decision/majority/dissenting/ concurring 7. Writing the opinion 8. Releasing the opinion
16 THE COURTS AS POLICYMAKERS Making Decisions, continued Dissenting opinions are written by justices who oppose the majority. Concurring opinions are written in support of the majority but stress a different legal basis. Stare decisis: to let the previous decision stand unchanged. Relying on precedent. Precedents: How similar past cases were decided. Original Intent: The idea that the Constitution should be viewed according to the original intent of the framers.
17 THE COURTS AS POLICYMAKERS Implementing Court Decisions Must rely on others to carry out decisions Interpreting population: understand the decision Implementing population: the people who need to carry out the decision may be disagreement Consumer population: the people who are affected (or could be) by the decision
18 UNDERSTANDING THE COURTS The Courts and Democracy Courts are not very democratic; however it is both a legal AND political institution Not elected Difficult to remove Impacted by popular opinion The nomination process can be quite political The courts do reflect popular majorities Groups are likely to use the courts when other methods fail promoting pluralism There are still conflicting rulings leading to deadlock and inconsistency
19 UNDERSTANDING THE COURTS What Courts Should Do: The Scope of Judicial Power Judicial restraint: judges should play a minimal policymaking role - leave the policies to the legislative branch. Judicial activism: judges should make bold policy decisions and even charting new constitutional ground. Political questions: means of the federal courts to avoid deciding some cases. Statutory construction: the judicial interpretation of an act of Congress.
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