Chapter 10- The Judiciary

Federal Judiciary Act of 1789 Established the basic 3 step federal court system. 3. Supreme Court 2. Appellate Court 1. Trial Courts (where litigation (lawsuit) begins)

Impact of the Marshall Court Marbury v. Madison= JUDICIAL REVIEW

The American Legal System Jurisdiction ORIGINAL APPELLATE

CRIMINAL V. CIVIL Criminal law relates to protection of property and individual safety. - felonies, offenses or misdemeanors, murder, rape, robbery The government persecute or bring an action in behalf of the injured party. Civil law regulates the conduct and relationship between individuals or groups. Both have a plaintiff or petitioner who brings charges against the defendant. Jury serves in both…

Federal Court System Constitutional and Legislative Court (established by Congress, such as Courts of Appeals for Veterans Claims) Constitutional Courts: 3. Supreme Court 2. Appellate Court 1. District Court

How is the American Judicial System Structured??

This figure compares the three-tiered structure of the federal court system to that of the states.

District Court Foreign nations Interpretation of the Constitution Bankruptcy Military/ maritime law Ambassadors and public ministers Disputes b/w two or more states U.S. government or any U.S. office or agencies Concurrent jurisdiction- A person from different states in a dispute over $75,000.

Appellate Court Appellate Jurisdiction # of judges vary In deciding a case, judges are divided into 3-judge panel, if they choose to sit together is called en banc. These courts receive a brief (written arguments written by lawyers they can be present to argue the case orally). Decision is based on PRECEDENT If there is no precedent a new case is called stare decisis.

Ex Parte McCuddle (1869) -Congress can restrain the Supreme Court from hearing an appeal case Only once

Supreme Court Both jurisdictions Since 1869, the court consist of 8 justices and 1 chief justice who is nominated only for that position. (9)

What kinds of cases does the U.S. Supreme Court hear? This table shows the different types of cases over which the Supreme Court has jurisdiction as initially specified in the Constitution.

How are Fed. Court Judges Selected? Very political process Senatorial Courtesy Typically Judges…. have held other political offices (state court judge or prosecutor) …..Should they be elected or appointed

The Judicial Nomination Process When there is an open judicial position, the president nominates someone to the position. Usually he discusses the nomination with key senators before announcing his choice. (SENATORIAL COURTESY) The nomination is sent to the Senate Judiciary Committee. The Judiciary Committee collects information about the nominee, including a background check by the FBI, and reviews the nominee's record and qualifications. The Judiciary Committee holds a hearing on the nominee. Witnesses speak both in favor and against the nomination. Senators ask questions of the nominee. The Judiciary Committee votes on the nomination, and then makes a recommendation to the full Senate, that the nominee either be confirmed, rejected, or that they do not have a recommendation. Sometimes they decline to send a nominee to the Senate at all. The full Senate debates the nomination. A vote of 3/5 of the Senate (60 senators) is required to end debate. This is called a cloture vote. If enough senators wish to delay a vote on a nominee, they can filibuster by not voting to end debate. When debate ends, the Senate votes on the nomination. Confirmation requires a simple majority of the senators present and voting.

http://www.judiciary.senate.gov/nominations/113thCongress.cfm

Nominating a Competence- experience (legal, judicial, government) Ideology or policy preferences- Presidents seek to appoint those who represent his/her views. Rewards- many have been personal friends Pursuit of political support- can nominate men or woman to obtain voters/ support Religion- Most have are Protestant and then Catholics Race, Ethnicity, Gender

The Supreme Court

Roberts Court

Supreme Court About 8,150 cases were filed in 2009-2010 about 82 were heard, 81 were issued an opinion. Most arrive as writ of certiorari (to be informed)- is a request for the S.C. to order up records of lower court to review.

Writ of certiorari and the rule of 4 Cases must: Come from U.S. Court of Appeals or legislative court Federal question (related to federal matter). The clerk select cases Give the cases to Chief Justice Rule of 4- at least 4 judges must vote to consider a case.

Role of Clerks Read all appeals filed and write memos summarizing the key issued in each case. When cases are decided, the clerks help prepare the Court’s opinion by doing research and sometimes writing the draft for the opinions. Top graduates from law schools

Hearing and Deciding a Case Oral Arguments: The S.C. term begins the 1st Monday in October - mid June, they hear oral arguments until early April. Monday- Wednesday The Conference and the Writing: meet in closed conference twice a week. Writing Opinions