chapter 12 the judiciary. the common law tradition common law – judge made law that originated in...
TRANSCRIPT
Chapter 12
The Judiciary
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
- emanates from stare decisis, or standing on decided cases
Sources of American Law
Constitutions- United States Constitution- State Constitutions
Statutes and Administrative Regulations
Case Law
Basic Judicial Requirements
JurisdictionA Federal Question
orDiversity of Citizenship
Which Cases Reach the Supreme Court ?
• a subjective process, but certain factor increase a case’s chances o when two lower courts are in disagreement
o when a lower court’s ruling conflicts with an existing Supreme Court ruling
o when a case has broad significance
o when a state court has decided a substantial federal question
o when the highest state court holds a federal law invalid, or upholds a state law that has been challenged as violating a federal law
o when a federal court holds an act of Congress unconstitutional
o when the solicitor general is pressuring the Court to hear a case
Types of court decisions
opinion- unanimous- majority- concurring- dissenting
o affirmo reverseo remand
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
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
Public Opinion- Sometimes can ignore decisions- pressure for non-enforcement- influence judicial opinions
Judicial Self-Restraint- narrow focus of judicial questions- stare decisis - tradition of restraint
Hot Links to Selected Internet Resources:
• Book’s Companion Site: http://politicalscience.wadsworth.com/schmidtbrief2004
• Wadsworth’s Political Science Site: http://politicalscience.wadsworth.com
• The Federal Judiciary: http://www.uscourts.gov
• Supreme Court of the United States: http://supremecourtus.gov
• FindLaw: http://www.findlaw.com