AP U.S. GOVERNMENT & POLITICS - Judiciary The Judiciary

AP U.S. GOVERNMENT & POLITICS - Judiciary Nature of the Judicial System Two Types of Cases Criminal The government charges an individual with violating one or more specific laws. Civil The court resolves a dispute between two parties and defines the relationship between them.

AP U.S. GOVERNMENT & POLITICS - Judiciary Nature of the Judicial System Question: Are most cases tried and resolved in state or federal courts? Answer: State courts.

AP U.S. GOVERNMENT & POLITICS - Judiciary Nature of the Judicial System Participants in the System Litigants The party bringing a charge is known as the... PLAINTIFF The party being charged is known as the... DEFENDANT

AP U.S. GOVERNMENT & POLITICS - Judiciary Nature of the Judicial System Participants in the System Decision Makers People who often decide the outcome of a case... JURY Although, in some cases the “decider” is the... JUDGE

AP U.S. GOVERNMENT & POLITICS - Judiciary Nature of the Judicial System Participants in the System Legal Issues In order to be able to be a plaintiff, one must have sustained, or is likely to sustain, a direct injury... “Standing to sue” In addition, a case must be capable of being settled as a matter of law... “Justiciable”

AP U.S. GOVERNMENT & POLITICS - Judiciary Nature of the Judicial System Participants in the System Groups Non-party groups use the courts to influence policies. File legal briefs to influence court decisions... “Amicus Curiae”... friend of the court.

AP U.S. GOVERNMENT & POLITICS - Judiciary Nature of the Judicial System Participants in the System Attorneys About 1 million in the U.S. Issue: access to an attorney is not equal

AP U.S. GOVERNMENT & POLITICS - Judiciary Structure of the Federal System Three Levels of Federal Courts District Courts Courts of Appeal Supreme Court

AP U.S. GOVERNMENT & POLITICS - Judiciary Structure of the Federal System District Courts Are courts of “original jurisdiction”... Are the trial court: hear case first and determine the facts. Total = 91 Courts & 678 Judges

AP U.S. GOVERNMENT & POLITICS - Judiciary Structure of the Federal System Courts of Appeal Have appellate jurisdiction... Review legal issues in cases brought from lower courts Do not hear testimony or hold trials, instead focus on errors of procedure and law Total = 12 judicial circuits & 178 Judges

AP U.S. GOVERNMENT & POLITICS - Judiciary Structure of the Federal System The Supreme Court The number of justices is... NINE Mostly appellate jurisdiction (hears appeals) Most cases are: * appealed from Federal Courts of Appeal * Civil cases

AP U.S. GOVERNMENT & POLITICS - Judiciary Structure of the Federal System The Supreme Court A few key functions: * Ensures uniformity in interpreting national laws * Resolves conflicts among states * Maintains national supremacy in the law

AP U.S. GOVERNMENT & POLITICS - Judiciary Structure of the Federal System Reminder: “Supremacy Clause” Article VI, Clause 2 This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

AP U.S. GOVERNMENT & POLITICS - Judiciary Politics of Judicial Selection Appointment of Federal Court Judges President selects with “advice & consent” of the... Senate

AP U.S. GOVERNMENT & POLITICS - Judiciary Politics of Judicial Selection District Court Appointments Through “Senatorial Courtesy” Unwritten tradition... Judge is not confirmed if a senator of the president’s party from the state where the nominee will serve opposes the nomination

AP U.S. GOVERNMENT & POLITICS - Judiciary Politics of Judicial Selection Supreme Court Appointments Prospective nominees are usually carefully screened Presidents without majority party support in the Senate will have more difficulty The Chief Justice can be chosen from a sitting justice or as a new member of the Court

AP U.S. GOVERNMENT & POLITICS - Judiciary Politics of Judicial Selection Supreme Court Appointments Question: How many nominees are rejected? A. 10% B. 20% C. 33% D. 50%

AP U.S. GOVERNMENT & POLITICS - Judiciary Politics of Judicial Selection Supreme Court Appointments Question: How many nominees are rejected? A. B. 20% C. D.

AP U.S. GOVERNMENT & POLITICS - Judiciary Politics of Judicial Selection Some Recent Nominees Who Didn’t Make It

AP U.S. GOVERNMENT & POLITICS - Judiciary Politics of Judicial Selection

AP U.S. GOVERNMENT & POLITICS - Judiciary Politics of Judicial Selection Harriet Miers Nominated by George W. Bush, She withdrew after many questioned her qualifications (she had never been a judge), and after heavy criticism by other Republicans, who believed she would not be conservative enough

AP U.S. GOVERNMENT & POLITICS - Judiciary Politics of Judicial Selection

AP U.S. GOVERNMENT & POLITICS - Judiciary Politics of Judicial Selection Robert Bork Nominated by Ronald Reagan He was attacked for his extreme views And did not help his case by being argumentative when questioned by the Senate in hearings The Senate rejected him, Now, whenever a nominee is heavily criticized in hearings, it is referred to as being “Borked”

AP U.S. GOVERNMENT & POLITICS - Judiciary Politics of Judicial Selection

AP U.S. GOVERNMENT & POLITICS - Judiciary Politics of Judicial Selection Douglas Ginsburg Nominated by Ronald Reagan He withdrew It was discovered that when he was a student in the 60’s and then a professor of law at Harvard in the 70’s, he... Enjoyed a certain illegal leafy substance