Copyright 2016, 2014, 2011 by Pearson Education, Inc. All Rights Reserved

Size: px
Start display at page:

Download "Copyright 2016, 2014, 2011 by Pearson Education, Inc. All Rights Reserved"

Transcription

1

2 The Federal Courts 15 Jon Elswick/AP Images

3 Learning Objectives Identify the basic elements of the American judicial system and the major participants in it. Outline the structure of the federal court system and the major responsibilities of each component.

4 Learning Objectives Explain the process by which judges and justices are nominated and confirmed. Describe the backgrounds of judges and justices and assess the impact of background on their decisions.

5 Learning Objectives Outline the judicial process at the Supreme Court level and assess the major factors influencing decisions and their implementation. Trace the Supreme Court's use of judicial review in major policy battles in various eras of American history.

6 Learning Objectives Assess the role of unelected courts and the scope of judicial power in American democracy.

7 15.1 Vocabulary Amicus curiae - friend of the court Stare decisis - let the decision stand Precedent - a model on which to base later decisions or actions Slander - false speech Libel - false writing Jus Soli - law of the soil Jus Saguinis - law of blood

8 The Nature of the Judicial System Participants in the Judicial System 15.1

9 Participants in the Judicial System Litigants Actual disputes, no hypothetical cases Standing Class action suits Justiciable disputes Attorneys Large profession; 1 million attorneys Not only for the rich anymore Groups Amicus curiae briefs 15.1

10 15.1 Linda Brown Carl Iwasaki/Time & Life Images/Getty Images

11 15.1 In which type of case can the defendant receive imprisonment as a punishment? a. Criminal b. Civil c. Class action d. All of the above 15.1

12 15.1 In which type of case can the defendant receive imprisonment as a punishment? a. Criminal b. Civil c. Class action d. All of the above 15.1

13 The Structure of the Federal Judicial System District Courts Courts of Appeals The Supreme Court 15.2

14 FIGURE 15.1 Organization of the federal court system 15.2

15 15.2 District Courts Organization and jurisdiction 91, at least one in each state 2-28 judges per court; 675 in total Original jurisdiction only Hold trials and impanel juries One judge, occasionally 3 2% of criminal cases; 1% of civil cases Federal magistrates

16 15.2 Courts of Appeals Review district court decisions 75% of 57,000 cases come from district courts Review and enforce IRC orders 12 circuits, serving at least 2 states

17 FIGURE 15.2: The federal judicial circuits 15.2

18 15.2 Courts of Appeals 6-28 judges; 179 total 3 judges per case; en banc occasionally Errors of procedure and law Set precedent

19 The Supreme Court 15.2 Unique responsibilities Resolving conflicts among states Maintaining national supremacy in law Ensuring uniformity in interpretation Composition 8 associate justices; 1 chief justice Controls its docket 80 cases/year Appeals must involve a substantial federal question

20 FIGURE 15.3 How cases reach the Supreme Court 15.2

21 TABLE 15.1: Sources of Full Opinions in the Supreme Court,

22 15.2 How many cases does the Supreme Court hear per year? a. 100 b. 50 c. 80 d. 10,

23 15.2 How many cases does the Supreme Court hear per year? a. 100 b. 50 c. 80 d. 10,

24 The Politics of Judicial Selection The Lower Courts The Supreme Court 15.3

25 15.3 The Lower Courts Senatorial courtesy DoJ and FBI background checks Politics of judicial selection Interest groups increasingly active Partisan divide growing

26 The Supreme Court Vacancies infrequent Chief justice vacancy unique Senatorial courtesy not relevant Partisan balance in Senate key 15.3

27 TABLE 15.2: Unsuccessful Supreme Court nominees since

28 15.3 Elena Kagan Larry Downing/Reuters

29 15.3 How is the chief justice chosen? a. Voted on by the other 8 justices b. The most senior justice gets the position c. Nominated by president, confirmed by Senate d. Picked by the Senate Judiciary Committee 15.3

30 15.3 How is the chief justice chosen? a. Voted on by the other 8 justices b. The most senior justice gets the position c. Nominated by president, confirmed by Senate d. Picked by the Senate Judiciary Committee 15.3

31 The Backgrounds of Judges and Justices Backgrounds Criteria for Selection Background Characteristics and Policymaking 15.4

32 15.4 Backgrounds Typical background White, male, lawyer Diversity v. ideology Older, 50s-60s Protestant Upper-middle class backgrounds Prominent lawyer or judge

33 TABLE 15.3 Supreme Court justices,

34 Swearing in of Sonia Sotomayor Jim Young/Reuters 15.4

35 Criteria for Selection Geography Religion Ideology/partisanship 15.4

36 Background Characteristics and Policymaking 15.4 What presidents expect v. what they get Disappointed ¼ of the time Diversity: More than a symbolic difference?

37 U.S. Supreme Court, Pablo Martinez Monsivais/AP Images

38 15.4 What is the main criterion presidents use to select judicial nominees? a. State where they are from b. Religion c. Race d. Ideology 15.4

39 15.4 What is the main criterion presidents use to select judicial nominees? a. State where they are from b. Religion c. Race d. Ideology 15.4

40 The Courts as Policymakers Accepting Cases The Process of Decision Making The Basis of Decisions Implementing Court Decisions 15.5

41 15.5 Accepting Cases First step in process 8,000 appeals per year Justices meet in conference once a week Rule of four Writ of certiorari Type of cases selected Civil liberties Discrepancies in interpretation of a law Solicitor general's request

42 FIGURE 15.4 Obtaining space on the Supreme Court's docket 15.5

43 The Process of Decision Making Oral arguments Briefs Amicus curiae briefs 30 minutes for each side Opinion writing Chief justice assigns opinion, if in majority Explain legal reasoning Concurring opinion Dissenting opinion 15.5

44 15.5 William Rehnquist David Hume Kennerly/Getty Images

45 FIGURE 15.5 The Supreme Court's decision-making process 15.5

46 The Basis of Decisions Principle of stare decisis Respect for precedent Overturning precedent 15.5

47 The Basis of Decisions Why do justices disagree? Ambiguity and vagueness Judicial philosophy Originalism 15.5

48 Implementing Court Decisions Judicial implementation Interpreting population Implementing population 15.5

49 15.5 Virgil Hawkins Bettmann/Corbis

50 Implementing Court Decisions Judicial implementation Consumer population 15.5

51 15.5 What principle governs judicial decision making? a. Stare decisis b. Ex post facto c. Amicus curiae d. Quid pro quo 15.5

52 15.5 What principle governs judicial decision making? a. Stare decisis b. Ex post facto c. Amicus curiae d. Quid pro quo 15.5

53 The Courts and Public Policy: A Historical Review John Marshall and the Growth of Judicial Review The "Nine Old Men" The Warren Court The Burger Court The Rehnquist and Roberts Courts 15.6

54 John Marshall and the Growth of Judicial Review Marbury v. Madison (1803) Judicial review Court has power to interpret Constitution 15.6

55 The "Nine Old Men" 15.6 Controversy over New Deal legislation Conservatives on Court did not want federal intervention in economy Struck down FDR's legislation FDR's court-packing plan Get Congress to expand Court Congress refused "Switch in time that saved nine"

56 15.6 The Warren Court Most active Court Chief Justice Earl Warren ( ) Brown was one of his first cases Expanded rights of defendants Prohibited school prayer

57 15.6 The Burger Court More conservative Court Chief Justice Warren Burger Roe v. Wade was one of its major decisions Upheld affirmative action Made Nixon turn over tapes

58 The Rehnquist and Roberts Courts Even more conservative Courts Chief Justice William Rehnquist Conservative appointees dominate Chief Justice John Roberts (2005) Bush v. Gore (2000) Highly activist conservative Court 15.6

59 15.6 What power of the Court was established in Marbury v. Madison? a. Control of its docket b. Original jurisdiction c. Judicial review d. Affirmative action 15.6

60 15.6 What power of the Court was established in Marbury v. Madison? a. Control of its docket b. Original jurisdiction c. Judicial review d. Affirmative action 15.6

61 Understanding the Courts The Courts and Democracy The Scope of Judicial Power 15.7

62 The Courts and Democracy Where do courts fit in a democracy? Judges not elected Judges hard to remove Judges are from elite backgrounds 15.7

63 15.7 "Silent majority" Yuri Gripas/Reuters

64 Courts and Democracy Not as insulated as it seems Framers relied on insulation Court does follow public opinion 15.7

65 15.7 Bilingual education Paul Conklin/PhotoEdit

66 The Scope of Judicial Power Are the courts too powerful? Judicial restraint Defer to legislatures Judicial activism Protect minorities 15.7

67 TABLE 15.4 Supreme Court rulings in which federal statutes have been found unconstitutional 15.7

68 15.7 Why could a powerful federal judiciary 15.7 be a problem in a democracy? a. Judges are unelected b. Judges are appointed for life c. Judges are usually from elite backgrounds d. All of the above

69 15.7 Why could a powerful federal judiciary 15.7 be a problem in a democracy? a. Judges are unelected b. Judges are appointed for life c. Judges are usually from elite backgrounds d. All of the above

70 Discussion Questions 15 Why do we say that judges make policy? How does the Supreme Court make policy? Is the Court's policymaking role a problem in a democracy? Why or why not?

Copyright 2011 Pearson Education, Inc. Publishing as Longman

Copyright 2011 Pearson Education, Inc. Publishing as Longman Chapter 16: The Federal Courts The Nature of the Judicial System The Structure of the Federal Judicial System The Politics of Judicial Selection The Backgrounds of Judges and Justices The Courts as Policymakers

More information

Chapter Outline and Learning Objectives. Chapter Outline and Learning Objectives. Chapter Outline and Learning Objectives

Chapter Outline and Learning Objectives. Chapter Outline and Learning Objectives. Chapter Outline and Learning Objectives Chapter 16: The Federal Courts The Nature of the Judicial The Politics of Judicial Selection The Backgrounds of Judges and Justices The Courts as Policymakers The Courts and Public Policy: An Understanding

More information

CHAPTER 9. The Judiciary

CHAPTER 9. The Judiciary CHAPTER 9 The Judiciary The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating one or more specific laws. Civil Law: The court

More information

The Federal Courts. Chapter 16

The Federal Courts. Chapter 16 The Federal Courts Chapter 16 The Nature of the Judicial Introduction: Two types of cases: System Criminal Law: The government charges an individual with violating one or more specific laws. Civil Law:

More information

The Courts. Chapter 15

The Courts. Chapter 15 The Courts Chapter 15 The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating one or more specific laws. Civil Law: The court

More information

LEARNING OBJECTIVES After studying Chapter 16, you should be able to: 1. Understand the nature of the judicial system. 2. Explain how courts in the United States are organized and the nature of their jurisdiction.

More information

INTRODUCTION THE NATURE OF THE JUDICIAL SYSTEM

INTRODUCTION THE NATURE OF THE JUDICIAL SYSTEM Trace the historical evolution of the policy agenda of the Supreme Court. Examine the ways in which American courts are both democratic and undemocratic institutions. CHAPTER OVERVIEW INTRODUCTION Although

More information

AP US Government: The Judiciary Test(including the Supreme Court) Study Guide There was no judicial system under the Articles of Confederation

AP US Government: The Judiciary Test(including the Supreme Court) Study Guide There was no judicial system under the Articles of Confederation AP US Government: The Judiciary Test(including the Supreme Court) Study Guide There was no judicial system under the Articles of Confederation Article III of the Constitution created a federal judiciary

More information

Ch Identify the basic elements of the American judicial system and the major participants in it (p.486)

Ch Identify the basic elements of the American judicial system and the major participants in it (p.486) Ch. 15.1 Identify the basic elements of the American judicial system and the major participants in it (p.486) Unit 5 The Federal Courts 1 Current Supreme Court C 83 L 79 L? C C C 80 C L Merrick Neil Gorsuch?

More information

7) For a case to be heard in the Supreme Court, a minimum of how many judges must vote to hear the case? A) none B) one C) nine D) five E) four

7) For a case to be heard in the Supreme Court, a minimum of how many judges must vote to hear the case? A) none B) one C) nine D) five E) four Exam Name MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 1) Common law is. A) laws passed by legislatures B) the requirement that plaintiffs have

More information

Unit V: Institutions The Federal Courts

Unit V: Institutions The Federal Courts Unit V: Institutions The Federal Courts Introduction to Federal Courts Categories of law Statutory law Laws created by legislation; statutes Common law Accumulation of court precedents Criminal law Government

More information

AP Gov Chapter 15 Outline

AP Gov Chapter 15 Outline Law in the United States is based primarily on the English legal system because of our colonial heritage. Once the colonies became independent from England, they did not establish a new legal system. With

More information

America s Federal Court System

America s Federal Court System America s Federal Court System How do we best balance the government s need to protect the security of the nation while guaranteeing the individuals personal liberties? I.) Judges vs. Legislators I.) Judges

More information

The Federal Courts. Chapter 16

The Federal Courts. Chapter 16 The Federal Courts Chapter 16 3 HISTORICAL ERAS OF INFLUENCE 1787-1865 Political Nation building (legitimacy of govt.) Slavery 1865-1937 Economic Govt. roll in economy Great Depression 1937-Present Ideological

More information

Chapter 7: The Judicial Branch

Chapter 7: The Judicial Branch Chapter 7: The Judicial Branch US Government Week of January 22, 2018 [T]he judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of

More information

Chapter 6: The Judicial Branch

Chapter 6: The Judicial Branch Chapter 6: The Judicial Branch Essential Question How do the nation s courts compete and cooperate with the other branches to settle legal controversies and to shape public policy? p. 189 U.S. District

More information

AP GOVERNMENT AND POLITICS THE JUDICIARY. Learning Guide Study Guide Topic Notes

AP GOVERNMENT AND POLITICS THE JUDICIARY. Learning Guide Study Guide Topic Notes AP GOVERNMENT AND POLITICS THE JUDICIARY Learning Guide Study Guide Topic Notes STUDY GUIDE Exam Date The Judiciary, Wilson chapter 16 Topics... 1. Constitutional basics 2. Judicial review 3. Organization

More information

1. Which Article of the Constitution created the federal judiciary?

1. Which Article of the Constitution created the federal judiciary? 9 The Judiciary Multiple-Choice Questions 1. Which Article of the Constitution created the federal judiciary? a. Article III b. Article II c. Article VI d. Article I e. Article IX 2. According to Article

More information

***JURISDICTION: A court s power to rule on a case. There are two primary systems of courts in the U.S.:

***JURISDICTION: A court s power to rule on a case. There are two primary systems of courts in the U.S.: THE FEDERAL COURTS ***JURISDICTION: A court s power to rule on a case. There are two primary systems of courts in the U.S.: STATE COURTS Jurisdiction over ordinances (locals laws) and state laws (laws

More information

Unit 4C STUDY GUIDE. The Judiciary. Use the Constitution to answer questions #1-9. Unless noted, all questions are based on Article III.

Unit 4C STUDY GUIDE. The Judiciary. Use the Constitution to answer questions #1-9. Unless noted, all questions are based on Article III. Unit 4C STUDY GUIDE The Judiciary Use the Constitution to answer questions #1-9. Unless noted, all questions are based on Article III. 1. What power is vested in the courts? 2. The shall extend to all

More information

The Judiciary AP Government Spring 2016

The Judiciary AP Government Spring 2016 The Judiciary AP Government Spring 2016 [T]hough individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter;

More information

laws created by legislative bodies.

laws created by legislative bodies. THE AP AMERICAN GOVERNMENT STUDY GUIDE CLASSIFICATION OF LEGAL ISSUES TYPE OF CASE CIVIL CASES CRIMINAL CASES covers issues of claims, suits, contracts, and licenses. covers illegal actions or wrongful

More information

The Judicial Branch INTRODUCTION TO THE FEDERAL COURTS

The Judicial Branch INTRODUCTION TO THE FEDERAL COURTS The Judicial Branch INTRODUCTION TO THE FEDERAL COURTS I. Types of law. A. Statutory: deals w/written statutes (laws). B. Common. 1. Based upon a system of unwritten law. 2. Unwritten laws are based upon

More information

The Federalist, No. 78

The Federalist, No. 78 The Judicial Branch January 2015 [T]he judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of the other two; and that all possible

More information

Judicial Branch Quiz. Multiple Choice Questions

Judicial Branch Quiz. Multiple Choice Questions Judicial Branch Quiz Multiple Choice Questions 1) Why did the Framers include life tenure for federal judges? A) To attract candidates for the positions B) To make it more difficult for the president and

More information

The Judicial Branch. CP Political Systems

The Judicial Branch. CP Political Systems The Judicial Branch CP Political Systems Standards Content Standard 4: The student will examine the United States Constitution by comparing the legislative, executive, and judicial branches of government

More information

The Supreme Court The Judicial Branch

The Supreme Court The Judicial Branch The Supreme Court The Judicial Branch Judicial Branch Interprets the laws! What does that mean? Courts Apply the law to specific cases/situations Decisions: What does the law mean? Is it constitutional

More information

Patterson, Chapter 14. The Federal Judicial System Applying the Law. Chapter Quiz

Patterson, Chapter 14. The Federal Judicial System Applying the Law. Chapter Quiz Patterson, Chapter 14 The Federal Judicial System Applying the Law Chapter Quiz 1. Federal judges are a) nominated by the Senate and approved by both houses of Congress. b) nominated by the president and

More information

Chapter 8 - Judiciary. AP Government

Chapter 8 - Judiciary. AP Government Chapter 8 - Judiciary AP Government The Structure of the Judiciary A complex set of institutional courts and regular processes has been established to handle laws in the American system of government.

More information

APGov Unit 2 Part 3: The Judicial Branch Workbook #2

APGov Unit 2 Part 3: The Judicial Branch Workbook #2 /15 Workbook Score: /10 Notes Score: Weeks: 1 Name Date Period APGov Unit 2 Part 3: The Judicial Branch Workbook #2 /25 Total Score Objectives: These are the key concepts that you must be able to answer

More information

Understanding the U.S. Supreme Court

Understanding the U.S. Supreme Court Understanding the U.S. Supreme Court Processing Supreme Court Cases Supreme Court Decision Making The Role of Law and Legal Principles Supreme Court Decision Making The Role of Politics Conducting Research

More information

Government Guided Notes Unit Five Day #3 The Judicial Branch Supreme Court Processes & Justices. Latin Terms to Know. writ of certiorari Affidavit

Government Guided Notes Unit Five Day #3 The Judicial Branch Supreme Court Processes & Justices. Latin Terms to Know. writ of certiorari Affidavit Name: Date: Block # Government Guided Notes Unit Five Day #3 The Judicial Branch Supreme Court Processes & Justices Directions Listen and view today s PowerPoint lesson. As you view each slide, write in

More information

THE NATURE OF THE JUDICIAL SYSTEM

THE NATURE OF THE JUDICIAL SYSTEM THE FEDERAL COURTS 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

More information

Chapter 10: The Judiciary

Chapter 10: The Judiciary Chapter 10: The Judiciary Constitution and Creation of the Federal Judiciary Read Article III and answer: Discuss justices/judges: terms, appointments, remuneration What powers and jurisdiction does the

More information

AP Government & Politics Ch. 15 The Federal Court System & SCOTUS

AP Government & Politics Ch. 15 The Federal Court System & SCOTUS AP Government & Politics Ch. 15 The Federal Court System & SCOTUS 1. A liberal judicial activist judge would probably support which of the following rulings made by the Supreme Court? A. a death penalty

More information

Chapter 13: The Judiciary

Chapter 13: The Judiciary Learning Objectives «Understand the Role of the Judiciary in US Government and Significant Court Cases Chapter 13: The Judiciary «Apply the Principle of Judicial Review «Contrast the Doctrine of Judicial

More information

Unit 3 10/13/2015. Chapter 9 The Federal Judiciary. Roots of the Federal Judiciary 9.1

Unit 3 10/13/2015. Chapter 9 The Federal Judiciary. Roots of the Federal Judiciary 9.1 Unit 3 Chapter 9 The Federal Judiciary Roots of the Federal Judiciary 9.1 The Judiciary Act of 1789 and the Creation of the Federal Judicial System The Marshall Court: Marbury v. Madison (1803) and Judicial

More information

a. Exceptions: Australia, Canada, Germany, India, and a few others B. Debate is over how the Constitution should be interpreted

a. Exceptions: Australia, Canada, Germany, India, and a few others B. Debate is over how the Constitution should be interpreted I. The American Judicial System A. Only in the United States do judges play so large a role in policy-making - The policy-making potential of the federal judiciary is enormous. Woodrow Wilson once described

More information

Chapter 14 AP GOVERNMENT

Chapter 14 AP GOVERNMENT Chapter 14 AP GOVERNMENT Who should decide handout? Youtube hip hughes history Marbury v. Madison https://sites.google.com/view/ap-govdocuments/scotus-cases/marbury-v-madison-1803 9 Justices Appointed

More information

Terms to Know. In the first column, answer the questions based on what you know before you study. After this lesson, complete the last column.

Terms to Know. In the first column, answer the questions based on what you know before you study. After this lesson, complete the last column. Lesson 1: Federal Courts ESSENTIAL QUESTION How can governments ensure citizens are treated fairly? GUIDING QUESTIONS 1. What is the role of the federal courts? 2. What kinds of cases are heard in federal

More information

Courts, Judges, and the Law

Courts, Judges, and the Law CHAPTER 13 Courts, Judges, and the Law CHAPTER OUTLINE I. The Origins and Types of American Law II. The Structure of the Court Systems III. The Federal and State Court Systems A. Lower Courts B. The Supreme

More information

Guided Reading & Analysis: The Judicial Branch - Chapter 6, pp

Guided Reading & Analysis: The Judicial Branch - Chapter 6, pp Guided Reading & Analysis: The Judicial Branch - Chapter 6, pp 189-228 Purpose: This guide is not only a place to record notes as you read, but also to provide a place and structure for reflections and

More information

The Judicial System (cont d)

The Judicial System (cont d) The Judicial System (cont d) Alexander Hamilton in Federalist #78: Executive: Holds the sword of the community as commander-in-chief. Congress appropriates money ( commands the purse ) and decides the

More information

The Federal Courts. Warm-Up. Warm-Up. Chapter 16. The Weberian model views bureaucracies as. The Weberian model views bureaucracies as

The Federal Courts. Warm-Up. Warm-Up. Chapter 16. The Weberian model views bureaucracies as. The Weberian model views bureaucracies as The Federal Courts Chapter 16 Warm-Up The Weberian model views bureaucracies as a. Promoting good monopolies. b. Loosely organized and loosely run. c. Largely self-serving. d. Efficient and necessary.

More information

Chapter Thirteen: The Courts

Chapter Thirteen: The Courts Chapter Thirteen: The Courts Learning Outcomes 1. Explain the main sources of American law, including constitutions, statutes and regulations, and the common law tradition. 2. Describe the structure of

More information

Federal and State Court System CHAPTER 13

Federal and State Court System CHAPTER 13 Federal and State Court System CHAPTER 13 The Judicial System in Democracy Lesson 1 Early Systems of law Law is the set of rules and standards by which a society governs itself. In democratic societies,

More information

Chapter 18 The Judicial Branch

Chapter 18 The Judicial Branch Chapter 18 The Judicial Branch Creation of a National Judiciary The Framers created the national judiciary in Article III of the Constitution. There are two court systems in the United States: the national

More information

Chapter 14: The Judiciary Multiple Choice

Chapter 14: The Judiciary Multiple Choice Multiple Choice 1. In the context of Supreme Court conferences, which of the following statements is true of a dissenting opinion? a. It can be written by one or more justices. b. It refers to the opinion

More information

Chapter Fifteen: The Courts

Chapter Fifteen: The Courts 1 Chapter Fifteen: The Courts Learning Objectives 2 Explain such major concepts of the American legal system, such as the common law tradition, precedent, jurisdiction, judicial review, and stare decisis.

More information

Presidency (cont.) The Judiciary Preview of Next Time The Judiciary Department of Political Science and Government Aarhus University October 9, 2014

Presidency (cont.) The Judiciary Preview of Next Time The Judiciary Department of Political Science and Government Aarhus University October 9, 2014 The Judiciary Department of Political Science and Government Aarhus University October 9, 2014 1 Presidency (cont.) 2 The Judiciary 3 Preview of Next Time 1 Presidency (cont.) 2 The Judiciary 3 Preview

More information

Chapter 8 TEST The Court System

Chapter 8 TEST The Court System US Government - Ried Chapter 8 TEST The Court System 1) Which courts hear the vast majority of cases in the United States? A. bankruptcy courts B. federal courts C. appellate courts D. state courts 2)

More information

THE JUDICIAL BRANCH. Article III. The Role of the Federal Court

THE JUDICIAL BRANCH. Article III. The Role of the Federal Court THE JUDICIAL BRANCH Section I Courts, Term of Office Section II Jurisdiction o Scope of Judicial Power o Supreme Court o Trial by Jury Section III Treason o Definition Punishment Article III The Role of

More information

THE JUDICIARY. In this chapter we will cover

THE JUDICIARY. In this chapter we will cover THE JUDICIARY THE JUDICIARY In this chapter we will cover The Constitution and the National Judiciary The American Legal System The Federal Court System How Federal Court Judges are Selected The Supreme

More information

Civil vs Criminal Cases

Civil vs Criminal Cases Chapter Objectives Describe the state court system and its politics Analyze sources and consequences of the power of the federal judiciary and compare/contrast approaches to constitutional interpretation

More information

AP Government Chapter 15 Reading Guide: The Judiciary

AP Government Chapter 15 Reading Guide: The Judiciary AP Government Chapter 15 Reading Guide: The Judiciary 1. According to Federalist 78, what s Hamilton s argument for why the SCOTUS is the weakest of the branches? Do you agree? 2. So the court has the

More information

Judicial Branch. SS.7.c.3.11 Diagram the levels, functions, and powers of courts at the state and federal levels.

Judicial Branch. SS.7.c.3.11 Diagram the levels, functions, and powers of courts at the state and federal levels. Judicial Branch SS.7.c.3.11 Diagram the levels, functions, and powers of courts at the state and federal levels. U.S. Supreme Court Judicial branch of our federal government is in charge of resolving disputes

More information

10. The courts which regularly employ grand juries are a. district courts. b. courts of appeal. c. military tribunals. d. bankruptcy courts.

10. The courts which regularly employ grand juries are a. district courts. b. courts of appeal. c. military tribunals. d. bankruptcy courts. The Judiciary 1. When a court of law is viewed as a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter, it is said to be a(n) a. judicial

More information

CHAPTER 12 Federal Courts

CHAPTER 12 Federal Courts CHAPTER 12 Federal Courts OUTLINE The Role of the Courts Settling Disputes Judicial Policymaking Political History of the Supreme Court The Federal Court System District Courts Courts of Appeal Supreme

More information

United States Judicial Branch

United States Judicial Branch United States Judicial Branch Role of the Courts Resolving disputes Setting precedents Interpreting the law Strict or loose constructionists Jurisdiction -right to try and decide a case. Exclusive jurisdiction

More information

4.17: SUPREME COURT. AP U. S. Government

4.17: SUPREME COURT. AP U. S. Government 4.17: SUPREME COURT C AP U. S. Government Article III of the Constitution establishes the Supreme Court as the this co-equal branch of the US government. In its early history the Court was not so prestigious.

More information

Chapter 18: The Federal Court System Section 1

Chapter 18: The Federal Court System Section 1 Chapter 18: The Federal Court System Section 1 Origins of the Judiciary The Constitution created the Supreme Court. Article III gives Congress the power to create the rest of the federal court system,

More information

Significant Decisions. 1 pt. 2pt. 3 pt. 4pt. 5 pt

Significant Decisions. 1 pt. 2pt. 3 pt. 4pt. 5 pt Judicial Branch Terminology Checks and Balances Significant Decisions Chief Justices Potpourri 1pt 1 pt 1 pt 1pt 1 pt 2 pt 2 pt 2pt 2pt 2 pt 3 pt 3 pt 3 pt 3 pt 3 pt 4 pt 4 pt 4pt 4 pt 4pt 5pt 5 pt 5 pt

More information

THE UNITED STATES SUPREME COURT and THE JUDICIARY BRANCH

THE UNITED STATES SUPREME COURT and THE JUDICIARY BRANCH Elana Kagan (Obama) Samuel Alito (G.W. Bush) Sonia Sotomayor (Obama) Neil Gorsuch (Trump) Ruth Bader Ginsberg (Clinton) Unit Four- BB Anthony Kennedy (Reagan) Chief Justice John Roberts (G.W. Bush) Clarence

More information

HPISD CURRICULUM (SOCIAL STUDIES, GOVERNMENT) EST. NUMBER OF DAYS:10 DAYS

HPISD CURRICULUM (SOCIAL STUDIES, GOVERNMENT) EST. NUMBER OF DAYS:10 DAYS HPISD CURRICULUM (SOCIAL STUDIES, GOVERNMENT) EST. NUMBER OF DAYS:10 DAYS UNIT NAME Unit Overview UNIT 4: JUDICIAL BRANCH, CIVIL LIBERTIES AND CIVIL RIGHTS A: JUDICIAL BRANCH B: CIVIL LIBERTIES FIRST AMENDMENT

More information

The Judicial Branch. Unit 5 AP Government

The Judicial Branch. Unit 5 AP Government The Judicial Branch Unit 5 AP Government Do you know the For current the Supreme Quiz Court Justices?? Do you know which president appointed them? 1.? 2.? 3.? 4.? 5.? 6.? 7.? 8.? 9.? Antonin Scalia- deceased

More information

Important Court Cases Marbury v. Madison established power of Supreme Court to declare acts of Congress unconstitutional

Important Court Cases Marbury v. Madison established power of Supreme Court to declare acts of Congress unconstitutional Guiding Principles of the Judicial System Equal justice under the law Due Process of the law procedural substantive The Adversary System Presumption of Innocence Judicial System Types of Law Civil law

More information

Chapter 11 and 12 - The Federal Court System

Chapter 11 and 12 - The Federal Court System Chapter 11 and 12 - The Federal Court System SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary. Powers of the Federal Courts Federal courts are generally created by

More information

Jurisdiction. Appointed by the President with the Advice and Consent of the Senate according to Article II, Section 2

Jurisdiction. Appointed by the President with the Advice and Consent of the Senate according to Article II, Section 2 The Judicial Branch Jurisdiction Federal Courts Article III, Section 1 vests judicial power in the Supreme Court and other inferior courts created by Congress Judges serve during good Behavior Appointed

More information

INTRO TO POLI SCI 11/30/15

INTRO TO POLI SCI 11/30/15 INTRO TO POLI SCI 11/30/15 Objective: SWBAT describe the type of court system in the US and how the Supreme Court works. Agenda: Turn in Late Work Judicial Branch Notes When your friend asks to borrow

More information

CHAPTER 18:3 Supreme Court

CHAPTER 18:3 Supreme Court CHAPTER 18:3 Supreme Court Chapter 18:3 o We will examine the reasons why the Supreme Court is often called the higher court. o We will examine why judicial review is a key feature in the American System

More information

Topic 7 The Judicial Branch. Section One The National Judiciary

Topic 7 The Judicial Branch. Section One The National Judiciary Topic 7 The Judicial Branch Section One The National Judiciary Under the Articles of Confederation Under the Articles of Confederation, there was no national judiciary. All courts were State courts Under

More information

THE JUDICIAL BRANCH: THE FEDERAL COURTS

THE JUDICIAL BRANCH: THE FEDERAL COURTS THE JUDICIAL BRANCH: THE FEDERAL COURTS DUAL COURT SYSTEM There are really two court systems in the United States National judiciary that extends over all 50 States Court systems found in each State (most

More information

Magruder s American Government

Magruder s American Government Presentation Pro Magruder s American Government C H A P T E R 18 The Federal Court System 2001 by Prentice Hall, Inc. C H A P T E R 18 The Federal Court System SECTION 1 The National Judiciary SECTION

More information

Name: Pd: Regarding Unit 6 material, from College Board:

Name: Pd: Regarding Unit 6 material, from College Board: Name: Pd: AP Government Unit 6 (Ch. 16, 4, and 5) Study Guide 15-30% of course material and May 12, 2015 AP Exam Mastery Questions and Practice FRQs Ch. 4 & 5 DUE 4/21/15 Ch. 16 DUE 4/28/15 Regarding Unit

More information

Members policy specialists

Members policy specialists Institutions of National Government (Congress, Presidency, and Bureaucracy) Congress (435 representatives and 100 senators).house v. Senate (study chart on page 375 Key Differences ) A) Party Leadership.

More information

Chapter 10: The Judicial Branch

Chapter 10: The Judicial Branch Chapter 10: The Judicial Branch Section 1 Objectives: 1.) Explain the need for laws and a legal system 2.) Describe the role of courts in our legal system 3.) Compare the roles of state and federal courts

More information

VA & US Government Exam Review: 2 nd Semester

VA & US Government Exam Review: 2 nd Semester Name: VA & US Government Exam Review: 2 nd Semester Bureaucracy 1. What is a bureaucracy? Large, highly organized group that carries out the work of the federal government 2. To which branch of American

More information

5. SUPREME COURT HAS BOTH ORIGINAL AND APPELLATE JURISDICTION

5. SUPREME COURT HAS BOTH ORIGINAL AND APPELLATE JURISDICTION Civil Liberties and Civil Rights Chapters 18-19-20-21 Chapter 18: Federal Court System 1. Section 1 National Judiciary 1. Supreme Court highest court in the land 2. Inferior (lower) courts: i. District

More information

Chapter 3: The Constitution

Chapter 3: The Constitution Chapter 3: The Constitution United States Government Week on October 2, 2017 The Constitution: Structure Pictured: James Madison Structure Preamble: introduction that states why the Constitution was written

More information

Credit-by-Exam Review US Government

Credit-by-Exam Review US Government Credit-by-Exam Review US Government Foundations and Ideas of the U.S. Government Characteristics and examples of limited government Characteristics and examples of unlimited government divine right unalienable

More information

Methods of Proposal. Method 1 By 2/3 vote in both the House and the Senate. [most common method of proposing an amendment]

Methods of Proposal. Method 1 By 2/3 vote in both the House and the Senate. [most common method of proposing an amendment] Methods of Proposal Method 1 By 2/3 vote in both the House and the Senate [most common method of proposing an amendment] Method 1 By 2/3 vote in both the House and the Senate [most common method of proposing

More information

AP AMERICAN GOVERNMENT. Chapter 14: The Judiciary

AP AMERICAN GOVERNMENT. Chapter 14: The Judiciary AP AMERICAN GOVERNMENT Unit Five Part 2 The Judiciary 2 1 Chapter 14: The Judiciary The Federal Court System The Politics of Appointing Judges How the Supreme Court Makes Decisions Judicial Power and Its

More information

3. The doctrine of stare decisis is based on. a. precedents b. caucuses c. writs d. objections e. mistrials

3. The doctrine of stare decisis is based on. a. precedents b. caucuses c. writs d. objections e. mistrials 1. The common law evolved from the, established by William the Conqueror in England. a. courts of registry b. commonwealth courts c. criminal houses d. king's courts e. appellate courts 2. Which of the

More information

Warm Up: Review Activity Declare your Powers

Warm Up: Review Activity Declare your Powers Mr. Cegielski S E C T I O N 1 The National Judiciary ESSENTIAL QUESTIONS: Why did the Constitution create a national judiciary? What is the structure of the national judiciary? What criteria are used to

More information

AP US GOVERNMENT & POLITICS UNIT 4 REVIEW

AP US GOVERNMENT & POLITICS UNIT 4 REVIEW AP US GOVERNMENT & POLITICS UNIT 4 REVIEW INSTITUTIONS OF NATIONAL GOVERNMENT If unit 3 was about linkage institutions, unit 4 is about policymaking institutions. Legislative Branch: Makes the laws. This

More information

The Courts and The Judiciary Part III

The Courts and The Judiciary Part III The Courts and The Judiciary Part III The interpretation of the law is the proper and peculiar province of the courts. A constitution is, and must be regarded by judges as, fundamental law. It therefore

More information

Judiciary and Political Parties. Court Rulings on Parties. Presidential Nomination Rules. Presidential Nomination Rules

Judiciary and Political Parties. Court Rulings on Parties. Presidential Nomination Rules. Presidential Nomination Rules Judiciary and Political Parties Court rulings on rights of parties Parties and selection of judges Political party influence on judges decisions Court Rulings on Parties Supreme Court can and does avoid

More information

The Judicial Branch. Three Levels of Courts in the U.S.

The Judicial Branch. Three Levels of Courts in the U.S. The Judicial Branch Three Levels of Courts in the U.S. The Motto Written on the front of the Supreme Court is the motto, Equal Justice Under Law What do courts do? Use different kinds of law to settle

More information

Name: Pd: Regarding Unit 6 material, from College Board:

Name: Pd: Regarding Unit 6 material, from College Board: Name: Pd: AP Government Unit 6 (Ch. 4, and 5) Study Guide 15-30% of course material and May 10, 2016 AP Exam Mastery Questions and Practice FRQs Due on Tuesday 4/26/2016 Regarding Unit 6 material, from

More information

The United States Supreme Court

The United States Supreme Court The United States Supreme Court The Supreme Court Justices The main job of the nation s top court is to decide whether laws are allowable under the Constitution. The Supreme Court has original jurisdiction

More information

The Proper Role for the Supreme Court: Activist or Restraint by Dave Saffell Introduction

The Proper Role for the Supreme Court: Activist or Restraint by Dave Saffell Introduction The Proper Role for the Supreme Court: Activist or Restraint by Dave Saffell Introduction One of the enduring subjects for debate about American government is: What is the proper role for the Supreme Court

More information

American Government Chapter 18 Notes The Federal Court System

American Government Chapter 18 Notes The Federal Court System American Government Chapter 18 Notes The Federal Court System Section 1 a. The National Judiciary B. Creation of a National Judiciary a. Framers of Constitution created a national judiciary b. A Dual Court

More information

US Government Module 4 Study Guide

US Government Module 4 Study Guide US Government Module 4 Study Guide 4.01 The Judicial Branch Created in Article III of the Constitution and consists of a US Supreme Court and lower courts Three basic levels of courts trial appellate supreme

More information

What If the Supreme Court Were Liberal?

What If the Supreme Court Were Liberal? What If the Supreme Court Were Liberal? With a possible Merrick Garland confirmation and the prospect of another Democrat in the Oval Office, the left can t help but dream about an ideal judicial docket:

More information

AP United States Government & Politics TAKE HOME TEST - Ch. 14, 15 & 16

AP United States Government & Politics TAKE HOME TEST - Ch. 14, 15 & 16 AP United States Government & Politics TAKE HOME TEST - Ch. 14, 15 & 16 MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 1) A budget deficit occurs

More information

Possible Judiciary FRQs

Possible Judiciary FRQs Name: Class Period: Possible Judiciary FRQs Essay 1 Compare and contrast civil and criminal law 2 Define and discuss the principle of stare decisis 1 Name: 3 Compare and contrast original and appellate

More information

Civil Liberties Bad-tendency rule curtail speech or other 1 st Amd. If it might lead to an evil (Gitlow)

Civil Liberties Bad-tendency rule curtail speech or other 1 st Amd. If it might lead to an evil (Gitlow) Government/Politics Anarchy no govt-no laws Aristocracy rule by upper class Consent of people - Conservatism belief in less govt Democracy of, by, for the people Direct democracy small political units

More information

Test Bank to accompany Constitutional Law, Third Edition (Hall/Feldmeier)

Test Bank to accompany Constitutional Law, Third Edition (Hall/Feldmeier) Test Bank to accompany Constitutional Law, Third Edition (Hall/Feldmeier) Chapter 1 Constitutionalism and Rule of Law 1.1 Multiple-Choice Questions 1) Which of the following Chief Justices of the Supreme

More information

American Government & Civics Final Exam Review Guide

American Government & Civics Final Exam Review Guide American Government & Civics Final Exam Review Guide The exam is 80 multiple choice questions worth one point each, 10 multiple choice questions over 2 readings worth one point each, and a 10 point written

More information

Early Days of the Supreme Court

Early Days of the Supreme Court THE JUDICIARY Early Days of the Supreme Court The Founders expected that the courts would have judgment about cases, that is, the power to resolve disputes brought before them; thus: The courts were to

More information