1. Chapter 10- The Judiciary

2. 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)

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

4. The American Legal System
Jurisdiction ORIGINAL APPELLATE

5. 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…

6. 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

7. How is the American Judicial System Structured??

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

9. 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.

10. 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.

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

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

14. 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.

15. 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

16. 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.

18. 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

19. The Supreme Court

21. Roberts Court

23. Supreme Court
About 8,150 cases were filed in 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.

24. 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.

25. 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

26. 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