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Government, Chapters 11 and 12 The Judicial Branch.

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Presentation on theme: "Government, Chapters 11 and 12 The Judicial Branch."— Presentation transcript:

1 Government, Chapters 11 and 12 The Judicial Branch

2 Powers of the Federal Courts!  Initially Courts played a minor role!  Chief Justice John Marshal  1801-1835, increased the courts powers  Jurisdiction- Authority to hear cases  Concurrent jurisdiction  Original jurisdiction  Appellate jurisdiction

3 Developing Supreme Court Power!  Marbury v. Madison- judicial review 1803  McCulloch v. Maryland- implied powers 1819  Gibbons v. Ogden- commerce powers 1824  Dred Scott v. Sandford- Shift to State power 1856

4 Lower Federal Courts!  94 District Courts  Grand Jury, 16-23 people, rule to go ahead with charges or not.  Petit Jury, 6-12, hear the case and make a ruling.  80% of all federal cases heard here  Few appealed

5 Lower Federal Courts!  12 judicial circuits, Appellate Courts  1 National Court of Appeals  Legislative courts  U.S. court of Federal Claims  U.S. Tax court  Territorial Courts  Court of Veterans’ Appeals

6 Selection of federal Judges!  Appointed for life  Nominated by the President, Senate confirms.  Party affiliation important  Senatorial courtesy, Senator from the state being appointed objects to a district judge, no confirmation

7 The Supreme Court!  Has both Original and Appellate jurisdiction  9 Justices today, no amount set in the Constitution.  Duties have developed over time.  One assigned to each circuit to hear appeals

8 The Supreme court at work!  9 month session, October-June.  Two weeks of hearing cases  Render an opinion, written statements on the decision  2000, 8,900 cases appealed, 83 cases heard

9 How cases Reach the Court!  Writ of Certiorari- Order from the court to send up paperwork from lower court.  No reason given for rejecting cases.  Lower decision stands  Stare Decisis  Solicitor General- Represents the Federal government  Decides to appeal or not.

10 How cases Reach the Court!  Selecting Cases  Clerks read petitions and summarize.  If chosen by a Justice goes to the discuss list  2/3rds do not make it  Friday Conference of Justices to choose  Rule of Four- Four agree to hear a case it is heard by the court.

11 Deciding Major Cases!  Briefs submitted- legal arguments  Amicus curiae briefs- Outside information about the case.  Oral Arguments  30 minutes for each side  Justices interrupt, question etc.  Strict time limit  Formally informal

12 Deciding Major Cases!  The Conference  Wednesdays and Fridays  Only the nine, no minutes kept  Writing the Opinion  Unanimous opinion  Majority Opinion  Concurring Opinion  Dissenting Opinion

13 Shaping Public Policy!  1. Using Judicial Review  Miranda v. Arizona- police acted unconstitutionally  2. Interpreting the meaning of laws  PGA Tour, Inc. v. Martin  3. Overruling or reversing its previous decisions  Plessy v. Ferguson, Brown v. Board of Education

14 Shaping Public Policy!  Limited control over Agenda- Only decides cases that come from elsewhere.  Lack of Enforcement- Executive Branch must support the decision

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