Presentation on theme: "The Judicial Branch. Jurisdiction Federal Courts –Article III, Section 1 vests judicial power in the Supreme Court and other inferior courts created by."— Presentation transcript:
Jurisdiction Federal Courts –Article III, Section 1 vests judicial power in the Supreme Court and other inferior courts created by Congress –Judges serve “during good Behavior” Appointed by the President with the “Advice and Consent of the Senate” according to Article II, Section 2 –Article III, Section 2 lists certain types of cases that must be heard by Federal Courts –Handout
Jurisdiction Original –Article III, Section 2 lists cases in which the Supreme Court has this –District Courts have this in most cases Appellate –All other cases must come to S.C. upon appeal (Banana)
TYPES OF LAW Criminal Law –Law that defines crimes against the public order and provides for punishment. Government is responsible for enforcing criminal law, the great body of which is enacted by states and enforced by state officials in state courts. The criminal caseload of federal judges is growing. Civil Law –Law that governs the relations between individuals and defines their legal rights. However, the government can also be a party to a civil action. Under the Sherman Antitrust Act, for example, the federal government may initiate civil as well as criminal action to prevent violations of the law.
TYPES OF LAWS Statutory Law –Law that comes from authoritative and specific lawmaking sources, primarily legislatures but also including treaties and executive orders. Common Law –Judge-made law that originated in England in the twelfth century, when royal judges traveled around the country settling disputes in each locality according to prevailing custom. The common law continues to develop according to the rule of stare decisis, which means “let the decision stand.” This is the rule of precedent, which implies that a rule established by a court is to be followed in all similar cases.
TYPES OF LAWS Constitutional Law –Statements interpreting the U.S. Constitution that have been given Supreme Court approval. Admiralty and Maritime Law –Law applicable to cases concerning shipping and water way commerce on the high seas and on the navigable waters of the United States. Administrative Law –Law relating to the authority and procedures of administrative agencies as well as to the rules and regulations issued by those agencies.
Elements of American Law Adversary System –Two opposing sides –Lawyers –Impartial judge –Parties in a Case Criminal and Civil Law
Parties in a Case Civil Plaintiff Burden of Proof Preponderance of Evidence Defense Loss of Property Settlement Criminal Prosecution (Government) Burden of Proof Reasonable Doubt Defense Life, Liberty, or Property Public Defender Plea Bargain
Elements of American Law Presumption of Innocence –Burden of proof on Prosecution or Plaintiff Due Process of Law –Substantive –Procedural Equal Justice Under the Law Trial by Jury –Petit –Grand
The Supreme Court Created by the Constitution Marbury v. Madison –Judicial Review The Justices –Handout –The Selection Process –Seated – Kennedy, Stevens, Roberts, Scalia, Thomas –Standing – Alito, Ginsburg, Breyer, Sotomayor
The Supreme Court What the Court Does –Hear Oral Arguments –Research –Conference Consider and Decide Cases Writ of Certiorari Rule of Four –Write Opinions Majority Minority Concurring Handouts
Influences on Court Decisions The Constitution and the Law Judicial Philosophy –Strict Interpretation –Loose Interpretation Briefs (No Boxers) –Lawyers –Amicus Curae Politics and Society?
Limits on the Supreme Court Limits on Types of Issues Limits on Types of Cases –No Advisory Opinions Limited Control Over Agenda Lack of Enforcement Power Checks and Balances