Post on 01-Jan-2016
The Judiciary
Chapter 10- The Judiciary
Federal Judiciary Act of 1789
O Established the basic 3 step federal court system.
3. Supreme Court2. Appellate Court1. Trial Courts (where litigation (lawsuit) begins)
Impact of the Marshall Court
O Marbury v. Madison=
JUDICIAL REVIEW
The American Legal SystemJurisdiction
ORIGINAL APPELLATE
(see figure 10.1- page 332)
CRIMINAL V. CIVILO Criminal law relates to protection of property
and individual safety.- felonies, offenses or misdemeanors, murder, rape, robberyO The government persecute or bring an
action in behalf of the injured party. O Civil law regulates the conduct and
relationship between individuals or groups.O Both have a plaintiff or petitioner who brings
charges against the defendant. O Jury serves in both…
Federal Court SystemO Constitutional and Legislative CourtO Constitutional Courts:3. Supreme Court2. Appellate Court1. District Court
District CourtO Foreign nationsO Interpretation of the ConstitutionO BankruptcyO Military/ maritime lawO Ambassadors and public ministersO Disputes b/w two or more statesO U.S. government or any U.S. office or
agenciesO Concurrent jurisdiction- A person from
different states in a dispute over $75,000.
Appellate Court
O Appellate Jurisdiction O # of judges varyO In deciding a case, judges are divided
into 3-judge panel, if they choose to sit together is called en banc.
O These courts receive a brief (written arguments written by lawyers they can be present to argue the case orally).
O Decision is based on PRECEDENTO If there is no precedent a new case is
called stare decisis.
Supreme CourtO Both jurisdictionsO Since 1869, the court consist of 8
justices and 1 chief justice who is nominated only for that position. (9)
How are Fed. Court Judges Selected?
O Very political processO Senatorial CourtesyO Typically Judges….O have held other political offices (state
court judge or prosecutor)
…..Should they be elected or appointed
Nominating a O Competence- experience (legal, judicial,
government)O Ideology or policy preferences- Presidents
seek to appoint those who represent his/her views.
O Rewards- many have been personal friends O Pursuit of political support- can nominate
men or woman to obtain voters/ supportO Religion- Most have are Protestant and then
CatholicsO Race, Ethnicity, Gender
Confirmation ProcessO InvestigationO Lobbying by interest groupO Senate committee hearings and
senate vote
Nominating and Confirming
O The process must include:- an FBI investigation. - an investigation by the Senate
Judiciary Committee. - a vote of at least a majority of the
Senate. - a formal selection and endorsement
by the president.
The Supreme Court
Roberts Court
Supreme Court O About 8,150 cases were filed in
2009-2010 about 82 were heard, 81 were issued an opinion.
O Most arrive as writ of certiorari (to be informed)- is a request for the S.C. to order up records of lower court to review.
Writ of certiorari and the rule of 4
O Cases must:1. Come from U.S. Court of Appeals or
legislative court2. Federal question (related to federal
matter). O The clerk select cases O Give the cases to Chief JusticeO Rule of 4- at least 4 judges must vote
to consider a case.
Role of ClerksO Read all appeals filed and write
memos summarizing the key issued in each case.
O When cases are decided, the clerks help prepare the Court’s opinion by doing research and sometimes writing the draft for the opinions.
O Top graduates from law schools
Hearing and Deciding a Case
O Oral Arguments:- The S.C. term begins the 1st Monday
in October - mid June, they hear oral arguments until early April.
- Monday- Wednesday O The Conference and the Writing:
meet in closed conference twice a week.
O Writing Opinions