1. American Government and Politics Today
Chapter 13
The Courts

2. The Common Law Tradition
American law stems from English legal tradition
Unlike the law in many other countries, English law is based on common law
Judge-made law is based on custom and then on precedent
Stare decisis: to stand on decided cases
A decision in an initial case is binding on ensuing cases of that type
Major advantages of this system are efficiency and stability

3. Sources of American Law
Constitutions
Statutes and administrative regulations
Case law

4. The Federal Court System
Basic judicial requirements
Jurisdiction: the authority to hear and decide cases
The Constitution says that federal courts have jurisdiction in cases that:
Involve a federal question
Involve diversity of citizenship
Standing to sue

5. The Federal Court System

6. Types of Federal Courts
U.S. District Courts
U.S. Courts of Appeals
The U.S. Supreme Court
Specialized federal courts and the “war on terrorism”
The FISA court
Alien “removal courts”

8. Parties and Procedures
Plaintiff: the person or organization that initiates a lawsuit
Defendant: the person or organization against whom the lawsuit is brought
Litigate: to engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit
Class-action suit: a lawsuit that is filed to seek damages for a large group of persons in the same situation

9. Parties and Procedures (continued)
An amicus curiae brief: filed by a third party (“friend of the court”) who is not directly involved in the litigation but who has an interest in the outcome of the case
Procedural rules
Civil contempt: failing to comply with a court’s order for the benefit of another party
Criminal contempt: obstructing administration of justice or bringing the court into disrespect

10. Which Cases Reach the Supreme Court?
When two lower courts are in disagreement
When a lower court’s ruling conflicts with an existing Supreme Court ruling
When a case has broad significance (as in desegregation or abortion decisions)
When a state court has decided a substantial federal question

11. Which Cases Reach the Supreme Court? (continued)
When the highest state court holds a federal law invalid
When the highest state court upholds a state law that has been challenged as violating a federal law
When a federal court holds an act of Congress unconstitutional
When the Solicitor General pressures the Court to hear a case

12. The Supreme Court at Work
Granting petitions for review - review is granted by a writ of certiorari, issued when a minimum of four justices agree that the case should be heard by the Supreme Court (the “rule of four”)
Deciding cases - both parties in the case submit legal briefs and (usually) make oral arguments
Decisions and opinions
Affirmed, reversed, or remanded
Unanimous opinion
Majority opinion
Concurring opinion
Dissenting opinion

13. The Selection of Federal Judges
Judicial appointments
Federal District Court judgeship nominations
Federal Courts of Appeals appointments
Supreme Court appointments
The special role of the Chief Justice
Partisanship and judicial appointments
The Senate’s role

14. Policy Making and the Courts
Judicial review
Judicial activism and judicial restraint
Strict versus broad construction
Ideology and the Rehnquist Court
The Court shifted to the right, on the whole
Federalism - the Rehnquist Court emphasized states’ rights
Civil rights - mixed results under the Rehnquist Court
The Roberts Court - too early to generalize

15. What Checks Our Courts? Executive checks Legislative checks
The courts have no enforcement power; the president does
In rare cases a president refuses to implement a decision
More frequently, presidents use their power of appointment to check the judiciary
Legislative checks
Constitutional amendments
Rewriting laws

16. What Checks Our Courts? (continued)
Public opinion
Judicial traditions and doctrines - to a certain extent, the courts check themselves
Hypothetical and political questions refusing to adjudicate on either
The impact of the lower courts they cannot overturn a Supreme Court ruling, but can choose to apply it in as limited a fashion as possible

17. Questions for Critical Thinking
Why do laws exist? Who makes the law? What happens if someone violates the law? What if the law is not fair or just?
Since they are not elected, should Supreme Court judges be making policy? Is it dangerous for those who do not face the public scrutiny in any meaningful way to directly craft policy?

18. Questions for Critical Thinking
What checks do the executive and the legislature have on the judiciary? Does the bureaucracy have any checks? Does the public?