Presentation on theme: "The Judiciary Chapter 12. Interpretation of Judicial language Stare Decisis: “to stand on decided cases” Appellate Court: A court reviewing a case originally."— Presentation transcript:
Interpretation of Judicial language Stare Decisis: “to stand on decided cases” Appellate Court: A court reviewing a case originally tried in a lower court Litigate: to bring to trial / seek relief Class action lawsuit: seeks damages for all persons affected Judicial Review: check on other branches
The U.S. Court System Dual court system Parties in court: plaintiff vs. defendant 2 basic requirements before court: 1) Jurisdiction - federal question: U.S. Constitution / fed law 2) Standing to Sue- party bringing suit must be wronged
Dual Court System 1) State Courts 2) Federal Courts - 3 types of federal courts
Federal Court System 3-tier system: 1) U.S. District Courts & Specialized Courts - trial courts / general & limited jurisdiction - at least one district court in every state - federal judges appointed for life
Federal Court System (continue) 2) U.S. Court of Appeals - federal appellate courts - hear appeals within their districts - panels of 3 judges review case / error - stepping stones for Supreme Court
U.S. Supreme Court 3) U.S. Supreme Court Highest Court in the land How many justices are on the Supreme Court? hears appeals from federal & state courts
Supreme Court Justices 1) John Paul Stevens (R-1975, Ford) 2) Antonin Scalia (R- 1986, Reagan) 3) Anthony Kennedy (R- 1988, Reagan) * 4) David Souter (R-1990, Bush) * 5) Clarence Thomas (R- 1991, Bush) 6) Ruth Bader Ginsburg (D- 1993, Clinton) 7) Stephen Breyer (D- 1994, Clinton) 8) John Roberts (R- 2005, Bush) 9) Samuel Alito (R- 2006, Bush)
US Supreme Court Session- Oct-June - usually hear 2 or more cases per day - do not hear cases everyday
U.S. Supreme Court (continue) How does Supreme Court decide which cases to hear? Writ of Certiorari- order to send up case How many cases are denied? - doesn't mean Supreme Court agrees Supreme Court reviews less than % of all cases decided each year?
U.S. Supreme Court How the Court decide cases extensive research / law clerks oral arguments & questions Justices meet, discuss, & vote affirm, reverse, or remand lower court decision Opinions are written - majority, concurring & dissenting opinions - opinions published in U.S. Reports
Supreme Court What if Supreme Court Justices had to campaign?
Conclusion Judicial Review (1803) - Power to determine if a law or action by another branch of gov’t is constitutional Strict vs. Broad Construction Checks & Balances - Executive & Legislative checks Court can directly affect our lives - Brown vs. Board of Edu (1954) At issue (p 306) The legal system (p 313)