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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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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
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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.
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
THE STRUCTURE OF THE FEDERAL
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
THE COURTS AS POLICYMAKERS
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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THE COURTS AS POLICYMAKERS
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.
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