Chapter 12 The Judiciary. The Common Law Tradition common law – judge made law that originated in England and was derived from prevailing customs precedent.

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Presentation transcript:

Chapter 12 The Judiciary

The Common Law Tradition common law – judge made law that originated in England and was derived from prevailing customs precedent – a court ruling bearing on subsequent legal decisions in similar cases -emanates from stare decisis, or standing on decided cases

Sources of American Law Constitutions -United States Constitution -State Constitutions Statutes and Administrative Regulations Case Law

Basic Judicial Requirements Jurisdiction A Federal Question or Diversity of Citizenship

Which Cases Reach the Supreme Court ? a subjective process, but certain factor increase a case’s chances owhen two lower courts are in disagreement owhen a lower court’s ruling conflicts with an existing Supreme Court ruling owhen a case has broad significance owhen a state court has decided a substantial federal question owhen the highest state court holds a federal law invalid, or upholds a state law that has been challenged as violating a federal law owhen a federal court holds an act of Congress unconstitutional owhen the solicitor general is pressuring the Court to hear a case

Types of court decisions opinion -unanimous -majority -concurring -dissenting oaffirm oreverse o remand

Ways in Which Courts Make Policy judicial review – the power of the courts to declare the acts of governmental officials unconstitutional judicial activism – taking a broad view of the Constitution and using power to direct policy towards a desired goal judicial restraint – rarely using judicial review and limiting judicial action in the policy process

Checks on the Judiciary Executive Checks - judicial implementation - appointments Legislative Checks - Appropriation of funds to carry out rulings - Constitutional amendments - Amending laws to overturn court’s rulings Public Opinion - Sometimes can ignore decisions - pressure for non-enforcement - influence judicial opinions Judicial Self-Restraint - narrow focus of judicial questions - stare decisis - tradition of restraint

Hot Links to Selected Internet Resources: Book’s Companion Site: f f2004 Wadsworth’s Political Science Site: The Federal Judiciary: Supreme Court of the United States: FindLaw:

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