We think you have liked this presentation. If you wish to download it, please recommend it to your friends in any social system. Share buttons are a little bit lower. Thank you!
Presentation is loading. Please wait.
Published byMariam Whalley
Modified about 1 year ago
Chapter Fourteen The Courts
Copyright © Houghton Mifflin Company. All rights reserved National Judicial Supremacy: The Role of the Courts in American Government American courts shape policies that form the heart of American democracy. The courts can undo the work of representative institutions. This thwarts democratic theory, which argues that the majority should rule.
Copyright © Houghton Mifflin Company. All rights reserved Conferral of Power Decision on the Federal Courts The Constitution established “one Supreme Court” but left it to Congress to structure the federal judiciary. Judicial review led to the ascendancy of the Supreme Court. Components of judicial review are: The power of the courts to declare national, state, and local law invalid if they violate the Constitution
Copyright © Houghton Mifflin Company. All rights reserved Components of Judicial Review The power of the courts to declare national, state, and local law invalid if they violate the Constitution The supremacy of national laws or treaties when they conflict with state and local laws The role of the Supreme Court as the final authority on the meaning of the Constitution.
Copyright © Houghton Mifflin Company. All rights reserved Conferral of Power Decision on the Federal Courts (Cont’d) Hamilton anticipated the power of judicial review and discussed it in Federalist No. 78.
Copyright © Houghton Mifflin Company. All rights reserved Organization The state courts: Each state (and the District of Columbia) has its own court system. No two are alike. Co-exist with the federal court system. Individuals fall under the jurisdiction of both. Handle and resolve vast majority of legal disputes.
Copyright © Houghton Mifflin Company. All rights reserved Organization (Cont’d) Court fundamentals Criminal cases involve a crime or a violation of a public order. Civil cases involve a private dispute arising from such matters as accidents, contractual obligations, and divorce. Common or Judge-Made laws involve legal precedents derived from previous judicial decisions.
Copyright © Houghton Mifflin Company. All rights reserved Organization (Cont’d) The federal courts The federal courts are like a pyramid: the Supreme Court is at the apex, the U.S. Courts of Appeals occupy the middle, and the U.S. District Courts serve as the base. There are ninety-four federal district courts and nearly 650 full-time district judges.
Copyright © Houghton Mifflin Company. All rights reserved Figure 14.1: The Federal and State Court Systems,
Copyright © Houghton Mifflin Company. All rights reserved The Apex: The Supreme Court The mottos inscribed on the Supreme Court building capture the Court’s difficult task: providing equal justice under law while making justice the guardian of liberty. The work of the Court is determined by access.
Copyright © Houghton Mifflin Company. All rights reserved Figure 14.2: Access to and Decision Making in the U.S. Supreme Court
Copyright © Houghton Mifflin Company. All rights reserved The Apex: The Supreme Court (Cont’d) Original jurisdiction is the authority of a court to hear a case before any other court does. Appellate jurisdiction is the authority of a court to hear cases that have been tried, decided, or reexamined in other courts.
Copyright © Houghton Mifflin Company. All rights reserved The Apex: The Supreme Court (Cont’d) The Rule of Four is an unwritten rule that requires at least four justices to agree that a case warrants consideration before it is reviewed by the Supreme Court. Once the Court grants review, attorneys submit written arguments (briefs).
Copyright © Houghton Mifflin Company. All rights reserved The Apex: The Supreme Court (Cont’d) Justices decide how to vote on a case by one of two approaches: judicial activism or judicial restraint. Justices issue a written document explaining their reasoning in a case, known as a majority opinion, or by issuing one of two types of other opinions: a concurrence or a dissent.
Copyright © Houghton Mifflin Company. All rights reserved Judicial Recruitment Neither the Constitution nor national law imposes formal requirements for appointment to the federal courts. The President appoints judges to the federal courts, and all nominees must be confirmed by majority vote in the Senate.
Copyright © Houghton Mifflin Company. All rights reserved Judicial Recruitment (Cont’d) Senatorial courtesy is a practice whereby the Senate will not confirm for a lower federal court judgeship a nominee who is opposed by the senior senator in the president’s party in the nominee’s state.
Copyright © Houghton Mifflin Company. All rights reserved The Consequences of Judicial Decisions Most criminal cases are resolved by the use of a plea bargain. Implementation of judicial decisions relies on others to translate policy into action. Evidence supports the view that the Supreme Court reflects public opinion at least as often as other elected institutions, reflecting majority sentiment.
Copyright © Houghton Mifflin Company. All rights reserved The Courts and Models of Democracy Supporters of the majoritarian model argue that courts should adhere to the letter of the law and judges refrain must refrain from injecting their own values into their decisions. Supporters of the pluralist model maintain that the courts are a policy-making branch of government, supported by the filing of class action lawsuits.
SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary. a. Explain the jurisdiction of the Supreme Court, federal.
Chapter Eight, Section 1 & 2. The Federal Court System & How Federal Courts Are Organized.
The Federal Court System. Overriding Questions What is the process that the Supreme Court uses to add cases to its docket? How are the justices politically.
Article III: The Judicial Branch. Make up the 3 rd branch of the federal government Use the law to settle civil disputes (between people, companies.
Judicial Branch Chapter 8. The Federal Court System Chapter 8 Section 1.
PART 1 United States has a dual system of courts – a federal court system and the court systems of each of the fifty states Under the Articles of Confederation.
CHAPTER 16 THE JUDICIAL SYSTEM. Roots of the Federal Judiciary Hamilton called it “the least dangerous branch.” Little on the judiciary in the constitution.
QUIZ ONE EOC Judicial – Systems / Structures. EOC Questions The majority of the job of the Supreme Court is to decide whether laws or actions by the government.
Supreme Court Justices. Chief Justice John Roberts.
The Federal Courts Chapter 16. The Adversarial System The Courts provide an arena for two parties to bring their conflict to an impartial arbiter. The.
Courts and the Quest for Justice. In Theory: Courtroom Ideals Courts have extensive powers in our criminal justice system. The courts legitimacy is.
Chapter Seven The Federal Government The Judicial Branch ~~~~~ The Federal Court System.
The U.S. Supreme Court and the Court System. The Structural Context of Court Behavior Constitutional powers Constitutional powers Article III (the Judicial.
The Judicial Branch The Role of the Judicial Branch To interpret and define law To interpret and define law This involves hearing individual cases and.
Chapter Eight, Section 3 & 4. The U.S. Supreme Court / Deciding Cases at the Supreme Court.
The Supreme Court We are not final because we are infallible, but we are infallible only because we are final.
Supreme Court Judiciary – The cornerstone of our democracy.
Chapter 12: Supreme Court Decision Making Section 1: The Supreme Court at Work Section 2: Shaping Public Policy Section 3: Influencing Court Decisions.
I: Federal Courts A: Article III of the Constitution lays the foundation for the Judicial Branch. 1. The Judiciary Act (1789) established federal district.
Criminal Justice The Courts: Structure and Participants Chapter 9.
UNIT 6 – THE FEDERAL COURT SYSTEM Power point 2 – The Supreme Court and Special Courts.
The Judicial Branch Constitutional Guardians. Introduction Today, there are 51 court systems in the US (one for each state & a separate federal system)
Unit VI – The Judicial System Chapter 18 Sections 1 & 2 National Judiciary and The Inferior Courts.
The Judicial Branch of Government under Article III of Constitution.
Chapter 3 The American Judicial System, Jurisdiction, and Venue McGraw-Hill/Irwin Copyright © 2011 by The McGraw-Hill Companies, Inc. All rights reserved.
Justice Louis Brandis – “In the frank expression of conflict opinions lies the greatest promise of wisdom in governmental action.”
CongressEl JefeJustice LeagueRed TapeA Brief Case
Constitution of the United States of America Articles I-III.
Welcome to class… What are the 3 branches of the national government? What is the main job of each branch? What rights does the Declaration of Independence.
The Judicial Branch of NC. North Carolina Standard Course of Study 3.02 Explain how the NC Constitution and local charters define the framework, organization,
© 2016 SlidePlayer.com Inc. All rights reserved.