ch. 16 - the judiciary (class)

8/7/2019 Ch. 16 - The Judiciary (Class)

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Chapter 16

THE JUDICIARY


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THE NATURE OF THE JUDICIAL SYSTEM

Participants in the Judicial System

Groups

Use the courts to try to change policies.

Amicus Curiae briefs are used to influence the courts.

Attorneys

Legal Services Corporation - lawyers to assist the poor

Access to quality lawyers is not equal.


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AMICI CURIAE

In prominent cases, amici curiae are generally organizations with sizable

legal budgets.

Non-profit legal advocacy organizations such as the American Civil

Liberties Union, the Landmark Legal Foundation, the Electronic Frontier

Foundation, the American Center for Law and Justice

frequently submit such briefs to advocate for or against a particular legal

change or interpretation.

If a decision could affect an entire industry, companies other than the

litigants may wish to have their concerns heard.


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THE STRUCTURE OF THE FEDERAL

JUDICIAL SYSTEM

FIGURE 16.1

Supreme Court

Legislative Courts,Courts of MilitaryAppeals, etc.

12 Courts ofAppeal

Court of Appealsfor the FederalCircuit

91 District Courts

Specialized Courts

U.S. ClaimsCourts, etc.

IndependentRegulatory

Agency


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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


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JUDICIAL SYSTEM

Courts of Appeal

Appellate Jurisdiction: reviews the legal issues in

cases brought from lower courts.

Hold no trials and hear no testimony.

Focus on errors of procedure & law


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FEDERAL DISTRICTS

straightplatform.com


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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


JUDICIAL SYSTEM

elcivics.com


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THE STRUCTURE OF THE

FEDERAL JUDICIAL SYSTEM

Cases involvingforeign diplomats

Cases involving astate

Between theUS and a state

Between twoor more states

Between onestate and a

citizen of

another state

Between astate and a

foreign

country

U.S. Courts of Appeal

Courts of Appeals forthe Federal Circuit

Legislative Courts

State Courts of LastResort

Original Jurisdiction

of the Supreme

Court

Appellate Jurisdiction

of the Supreme Court

(federal route)

Appellate Jurisdiction

of the Supreme Court

(state route)

UNITED STATES SUPREME COURT


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THE POLITICS OF JUDICIAL SELECTION

The Lower Courts

Senatorial Courtesy:

Unwritten tradition where a judge is not confirmed if a senator of

the presidents party from the state where the nominee will serve

opposes the nomination.

Has the effect of the president approving the Senates choice

President has more influence on appellate level


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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.


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THE BACKGROUNDS OF JUDGES AND

JUSTICES

Characteristics:

Generally white males

Lawyers with judicial and often political experience

Other Factors:

Generally of the same party as the appointing president

Judges and justices may disappoint the appointing president


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THE COURTS AS POLICYMAKERS

Accepting Cases

Use the rule of four to choose cases.

The minority can choose to hear cases

Issues a writ of certiorarito call up the case.

Requires the lower courts to provide a record of a

case that is up for review

Very few cases are actually accepted each year.


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Requests forSupreme

Court review(appx. 7,500cases)

Appeals

discussed inconference

Obtain four

votes

Placed onthe docket

(appx. 100cases)

Federal Courts

State Courts

Appeals denied

98% of cases

GETTING A CASE HEARD


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Cases onthe docket

Briefssubmittedby bothsides

Oralargument

Conference:

casesdiscussed;votes taken;

opinionwriting

assigned

Opinionsdrafted;circulated

forcomment

Decisionannounced


Making Decisions

Oral arguments may be made in a case.

Justices discuss the case.

One justice will write the majority opinion (statementof legal reasoning behind a judicial decision) on thecase.


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Making Decisions, continued

Dissenting opinions are written by justices whooppose the majority.

Concurring opinions are written in support of themajority but stress a different legal basis.

Stare decisis: to let the previous decision standunchanged.

Precedents: How similar past cases were decided.

Original Intent: The idea that the Constitution shouldbe viewed according to the original intent of theframers.


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THE COURTS AND THE POLICY AGENDA

A Historical Review

John Marshall and the Growth of Judicial Review

Marbury v. Madison

Judicial review: courts determine constitutionality of acts

of Congress


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UNDERSTANDING THE COURTS

The Courts and Democracy

Courts are not very democratic

Not elected

Difficult to remove


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UNDERSTANDING THE COURTS

What Courts Should Do: The Scope of JudicialPower

Judicial restraint: judges should play a minimalpolicymaking role - leave the policies to the legislative

branch. Judicial activism: judges should make bold policy

decisions and even charting new constitutionalground.

Political questions: means of the federal courts to

avoid deciding some cases. Statutory construction: the judicial interpretation of an

act of Congress.

ch. 16 - the judiciary (class)

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