1. The Federal Judicial System: Applying the Law

2. US SUPREME COURT JUSTICES

3. U.S. Constitution Federal Judges and Supreme Courts Justices
Article III Section 1
The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Article II Section 2
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law:

4. The Federal Judicial System
The Supreme Court of the United States
Original Jurisdiction
Authority to be the first court to hear a case
Legal disputes involving foreign diplomats

5. The Federal Judicial System
Appellate Jurisdiction
Authority to review cases that have already been heard in lower courts and are appealed to the higher court by the losing party
Appellate courts, do not retry cases, they determine whether a trial acted according with applicable law

6. The Federal Judicial System
Selecting and Deciding Cases
Precedent
Judicial decision that serves as a rule for settling subsequent cases of a similar nature
Writ of Certiorari
The losing party in a lower court system explains in writing why its case should be ruled on by the Court
Four out of nine justices must agree to accept a particular case before a writ is granted
Judicial Conference
Attended only by the 9 justices
Proceedings are strictly confidential
After discussions, the justices vote on the case

7. The Federal Judicial System
Opinion
Explains the reasons behind the decision
Most important part of the SC ruling because it informs others of the justices’ interpretation of laws
Majority Opinion
Written opinion of the majority of the Court’s justices stating the reasoning underlying their decision on a case
Concurring Opinion
Dissenting Opinion
A written opinion of one or more justices who disagree with the majority’s decision & opinion

8. The Federal Judicial System
Other Federal Courts
U.S. District Courts
Lowest federal courts
Over 90 federal district courts with about 800 judges
U.S. District Court of Appeals (12 general appeals court)
Appellate courts (2nd level)
No juries, no new evidence submitted
Review decisions of lower court records
Special U.S. Courts
U.S. Claims Court, U.S. Court of Military Appeals

9. NOMINATION PROCESS
Most nominees are expected to have prior judicial or governmental experience.
Presidents seek to apt individuals who share policy preferences.
Religion
Gender
Ideology

10. Confirmation Process
Senate has the power of “Advice and Consent” to approve all presidential nominees to federal bench
Senate Judiciary Committee
Investigates the nominee, holds hearing, and votes on recommendation for Senate action
Committee may reject a nominee or send nominee to full Senate for a vote
Full Senate debates on nominee before voting
Simple majority required for confirmation

11. The Nature of Judicial Decision Making
Statutes, Administrative Laws, and their Interpretations
Federal statues are laws passed by Congress that all federal courts have to follow
Most criminal acts and civil actions are covered by laws (statues) created by state legislatures or government agencies
Legal Precedent (Previous Rulings) and their Interpretations
Court’s decision on a case should be consistent with previous judicial rulings
Stare decisis is the doctrine that principles of law, once established, should be accepted as authoritative in all subsequent similar cases

12. Judicial Power and Political Government
The Debate Over the Proper Role of the Judiciary
The Doctrine of Judicial Restraint
Courts should allow the decisions of other branches of government to stand,
even if offends a judge’s own principles.
The Doctrine of Judicial Activism
Judges should use their power broadly to further justice and personal liberty.
“Legislating from the bench”