2 The Nature of the Judicial System Introduction:Two types of cases:Criminal Law: The government charges an individual with violating one or more specific laws.Civil Law: The court resolves a dispute between two parties and defines the relationship between them.Most cases are tried and resolved in state courts, not federal courts.
3 The Nature of the Judicial System Participants in the Judicial SystemLitigantsPlaintiff- the party bringing the chargeDefendant- the party being chargedJury- the people (normally 12) who often decide the outcome of a caseStanding to sue: plaintiffs have a serious interest in the case.
4 The Nature of the Judicial System Participants in the Judicial SystemInterests Groups.Use the courts to try to change policies.Amicus Curiae briefs to influence the Supreme CourtAttorneys.Legal Services Corporation- lawyers to assist the poorNot all lawyers are equal.
5 The Structure of the Federal Court System District CourtsOriginal Jurisdiction: courts that determine the facts about a case- the trial court.Federal crimesCivil suits under federal law / across state linesSupervising bankruptcy / naturalizationReviews some federal agenciesAdmiralty and maritime law cases
6 The Structure of the Federal Court System Courts of AppealAppellate Jurisdiction: reviews the legal issues in cases brought from lower courts.Hold no trials and hear no testimony.12 circuit courtsU.S. Court of Appeals for the Federal Circuit- specialized casesFocus on errors of procedure & law
7 The Structure of the Federal Court System Figure 16.1
8 The Structure of the Federal Court System The Supreme Court9 justices- 1 Chief Justice, 8 Associate JusticesSupreme Court decides which cases it will hearOriginal jurisdiction & Appellate jurisdiction.Most cases are civil casesStart in 3rd period
9 The Politics of Judicial Selection The Lower CourtsSenatorial Courtesy:Unwritten tradition where a judge is not confirmed if a senator of the president’s party from the state where the nominee will serve opposes the nomination.Has the effect of the president approving the Senate’s choiceMore influence on appellate level
10 The Politics of Judicial Selection The Supreme CourtPresident nominates1 out of 5 nominees will not make it.Senate Approves – difficulties?Chief Justice’s position can be a sitting justice, or a new member.Start here for 1st Period, 3rd Period, 4th Period
11 The Backgrounds of Judges and Justices Characteristics:Generally white malesLawyers with judicial experienceOther Factors:Generally of the same party as the appointing presidentYet the judges and justices may disappoint the appointing president
12 The Courts as Policymakers Accepting CasesUse the “rule of four” to choose cases.Issues a writ of certiorari to call up the case.Very few cases are actually accepted each year.Start in 2nd, 4th,Figure 16.4
13 The Courts as Policymakers Making DecisionsOral arguments may be made in a case.Justices discuss the case.One justice will write an opinion on the case.Opinion: Statement of legal reasoning behind a judicial decision.Figure 16.5
15 The Courts as Policymakers Making Decisions, continued…Stare decisis: basically to let the previous decision stand unchanged.Precedents: How similar past cases were decided.Original Intent: The idea that the Constitution should be viewed according to the original intent of the framers.
16 Understanding the Courts What Courts Should Do: The Scope of Judicial PowerJudicial restraint: judges should play a minimal policymaking role- leave the policies to the legislative branch.Judicial activism: judges should make bold policy decisions and even charting new constitutional ground.
17 The Courts as Policymakers Implementing Court DecisionsMust rely on others to carry out decisionsInterpreting population: understand the decisionImplementing population: the people who need to carry out the decision- may be disagreementConsumer population: the people who are affected (or could be) by the decision
18 Understanding the Courts The Courts and DemocracyCourts are not very democraticNot electedDifficult to removeBut the court does reflect popular majoritiesGroups are likely to use the courts when other methods fail- promoting pluralismThere are still conflicting rulings leading to deadlock and inconsistency
19 The Courts and the Policy Agenda A Historical ReviewJohn Marshall and the Growth of Judicial ReviewThe “Nine Old Men”The Warren CourtThe Burger CourtThe Rehnquist Court
20 The Structure of the Federal Court System Figure 16.1
22 Why does Ms. Welch want to be a Federal Judge? Federal Judges may only be removed through the impeachment processIf a judge retires after serving 10 years at age 70 he/she will get full salary for life. If he/she has served 15 years at 65 they get the same deal.