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Transcript of The Federal Courts Chapter 16. The Nature of the Judicial System Introduction: – Two types of...
![Page 1: The Federal Courts Chapter 16. The Nature of the Judicial System Introduction: – Two types of cases: Criminal Law: The government charges and individual.](https://reader036.fdocuments.in/reader036/viewer/2022081813/56649f475503460f94c68e59/html5/thumbnails/1.jpg)
The Federal CourtsThe Federal Courts
Chapter 16
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The Nature of the Judicial The Nature of the Judicial SystemSystem
Introduction:– Two types of cases:
Criminal Law: The government charges and individual with violating one or more specific laws.
Civil Law: The court resolves a dispute between two parties and defines the relationship between them.
– Most cases are tried and resolved in state courts, not federal courts.
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The Nature of the Judicial The Nature of the Judicial SystemSystem
Participants in the Judicial System– Litigants
Plaintiff- the party bringing the charge Defendant- the party being charged Jury- the people (normally 12) who often decide the
outcome of a case Standing to sue: plaintiffs have a serious interest in
the case.
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The Nature of the Judicial The Nature of the Judicial SystemSystem
Participants in the Judicial System– Groups.
Use the courts to try to change policies. Amicus Curiae briefs to influence the Supreme
Court
– Attorneys. Legal Services Corporation- lawyers to assist the
poor Not all lawyers are equal.
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Figure 16.1
The Structure of the Federal The Structure of the Federal Court SystemCourt System
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The Structure of the Federal The Structure of the Federal Court SystemCourt System
District Courts– Original Jurisdiction: courts that determine the
facts about a case- the trial court.– Federal crimes– Civil suits under federal law / across state lines– Supervising bankruptcy / naturalization– Reviews some federal agencies– Admiralty and maritime law cases
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The Structure of the Federal The Structure of the Federal Court SystemCourt System
Courts of Appeal– Appellate Jurisdiction: reviews the legal issues
in cases brought from lower courts.– Hold no trials and hear no testimony.– 12 circuit courts– U.S. Court of Appeals for the Federal Circuit-
specialized cases– Focus on errors of procedure & law
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The Structure of the Federal The Structure of the Federal Court SystemCourt 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
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The Politics of Judicial The Politics of Judicial SelectionSelection
The Lower Courts– 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
– More influence on appellate level
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The Politics of Judicial The Politics of Judicial SelectionSelection
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’s position can be a sitting justice,
or a new member.
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The Backgrounds of Judges The Backgrounds of Judges and Justicesand Justices
Characteristics:– Generally white males– Lawyers with judicial experience
Other Factors:– Generally of the same party as the appointing
president– Yet the judges and justices may disappoint the
appointing president
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Figure 16.4
The Courts as PolicymakersThe Courts as Policymakers
Accepting Cases– Use the “rule of four” to choose cases.– Issues a writ of certiorari to call up the case.– Very few cases are actually accepted each year.
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Figure 16.5
The Courts as PolicymakersThe Courts as Policymakers
Making Decisions– Oral arguments may be made in a case.– Justices discuss the case.– One justice will write an opinion on the case.
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The Courts as PolicymakersThe Courts as Policymakers
Making Decisions, continued…– Opinion: Statement of legal reasoning behind a
judicial decision.– Stare decisis: basically to let the previous
decision stand unchanged.– 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.
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The Courts as PolicymakersThe 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
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The Courts and the Policy The Courts and the Policy AgendaAgenda
A Historical Review– John Marshall and the Growth of Judicial
Review– The “Nine Old Men”– The Warren Court– The Burger Court– The Rehnquist Court
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Understanding the CourtsUnderstanding the Courts
The Courts and Democracy– Courts are not very democratic
Not elected Difficult to remove
– But the court does 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
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Understanding the CourtsUnderstanding 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.
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Internet ResourcesInternet Resources
U.S. Supreme CourtDecisions of the Supreme CourtAudio files of oral argumentsDeciding casesFederal Court systemFDR’s court-packing planVacancies and appointments