Political Science American Government and Politics Chapter 13 The Judiciary

13-1 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 –emanating from stare decisis, or standing on decided cases

13-2 Sources of American Law Constitutions –United States Constitution –State Constitutions Statutes and Administrative Regulations Case Law

13-3 Basic Judicial Requirements Jurisdiction –A Federal Question or –Diversity of Citizenship Standing to Sue –justifiable controversy

13-4 The Federal court System

13-5 Which Cases Reach the Supreme Court? a subjective process, but certain factors increase a case’s chances when two lower courts are in disagreement when a lower court’s ruling conflicts with an existing Supreme Court ruling when a case has broad significance

13-5b Which Cases Reach the Supreme Court? (cont.) when a state court has decided a substantial federal question when the highest state court holds a federal law invalid, or upholds a state law that has been challenged as violating a federal law when a federal court holds an act of Congress unconstitutional when the solicitor general is pressuring the Court to hear a case

13-6 Types of court decisions opinion –unanimous –majority –concurring –dissenting affirm reverse remand

13-7 Gender and Ethnicity or Race of Appointees to the U.S. Courts of Appeal, by Administration

13-8 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

13-9 Number of Law Regulating Economic and Restricting Civil Liberties and Rights Declared Unconstitutional by the Supreme Court since 1900

13-10 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

13-10b Checks on the Judiciary (cont.) Public Opinion –Sometimes can ignore decisions –pressure for non-enforcement –influence judicial opinions Judicial Self-Restraint –tradition of restraint –narrow focus of judicial questions –stare decisis