chapter 16 the federal courts. the nature of the judicial system introduction: two types of cases:...
TRANSCRIPT
![Page 1: CHAPTER 16 THE FEDERAL COURTS. THE NATURE OF THE JUDICIAL SYSTEM Introduction: Two types of cases: Criminal Law: The government charges an individual](https://reader030.vdocuments.us/reader030/viewer/2022032517/56649cb15503460f94975c50/html5/thumbnails/1.jpg)
CHAPTER 16
THE FEDERAL COURTS
![Page 2: CHAPTER 16 THE FEDERAL COURTS. THE NATURE OF THE JUDICIAL SYSTEM Introduction: Two types of cases: Criminal Law: The government charges an individual](https://reader030.vdocuments.us/reader030/viewer/2022032517/56649cb15503460f94975c50/html5/thumbnails/2.jpg)
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.
![Page 3: CHAPTER 16 THE FEDERAL COURTS. THE NATURE OF THE JUDICIAL SYSTEM Introduction: Two types of cases: Criminal Law: The government charges an individual](https://reader030.vdocuments.us/reader030/viewer/2022032517/56649cb15503460f94975c50/html5/thumbnails/3.jpg)
THE NATURE OF THE JUDICIAL SYSTEM
• Participants in the Judicial System• Litigants• Plaintiff- the party bringing the charge• Defendant- the party being charged• Jury- the people (normally 12) who often decide the outcome
of a case• Standing to sue: plaintiffs who have a serious interest in the
case.
![Page 4: CHAPTER 16 THE FEDERAL COURTS. THE NATURE OF THE JUDICIAL SYSTEM Introduction: Two types of cases: Criminal Law: The government charges an individual](https://reader030.vdocuments.us/reader030/viewer/2022032517/56649cb15503460f94975c50/html5/thumbnails/4.jpg)
THE NATURE OF THE JUDICIAL SYSTEM
• Participants in the Judicial System• Groups.• Use the courts to try to change policies.• Amicus Curiae briefs to influence the Supreme Court
• Attorneys.• Legal Services Corporation- lawyers to assist the poor• Not all lawyers are equal.
![Page 5: CHAPTER 16 THE FEDERAL COURTS. THE NATURE OF THE JUDICIAL SYSTEM Introduction: Two types of cases: Criminal Law: The government charges an individual](https://reader030.vdocuments.us/reader030/viewer/2022032517/56649cb15503460f94975c50/html5/thumbnails/5.jpg)
THE STRUCTURE OF THE FEDERAL COURT SYSTEM
Figure 16.1
![Page 6: CHAPTER 16 THE FEDERAL COURTS. THE NATURE OF THE JUDICIAL SYSTEM Introduction: Two types of cases: Criminal Law: The government charges an individual](https://reader030.vdocuments.us/reader030/viewer/2022032517/56649cb15503460f94975c50/html5/thumbnails/6.jpg)
THE STRUCTURE OF THE FEDERAL COURT SYSTEM
• District Courts• Original Jurisdiction: courts that determine the facts
about a case- the trial court.• Federal crimes• Civil suits under federal law / across state lines• Supervising bankruptcy / naturalization• Reviews some federal agencies• Admiralty and maritime law cases
![Page 7: CHAPTER 16 THE FEDERAL COURTS. THE NATURE OF THE JUDICIAL SYSTEM Introduction: Two types of cases: Criminal Law: The government charges an individual](https://reader030.vdocuments.us/reader030/viewer/2022032517/56649cb15503460f94975c50/html5/thumbnails/7.jpg)
THE STRUCTURE OF THE FEDERAL COURT SYSTEM
• Courts of Appeal• Appellate Jurisdiction: reviews the legal issues in cases
brought from lower courts.• Hold no trials and hear no testimony.• 12 circuit courts• U.S. Court of Appeals for the Federal Circuit- specialized
cases• Focus on errors of procedure & law
![Page 8: CHAPTER 16 THE FEDERAL COURTS. THE NATURE OF THE JUDICIAL SYSTEM Introduction: Two types of cases: Criminal Law: The government charges an individual](https://reader030.vdocuments.us/reader030/viewer/2022032517/56649cb15503460f94975c50/html5/thumbnails/8.jpg)
THE STRUCTURE OF THE FEDERAL COURT SYSTEM
• The Supreme Court• 9 justices- 1 Chief Justice, 8 Associate Justices• Supreme Court decides which cases it will hear• Some original jurisdiction, but mostly appellate
jurisdiction.• Most cases come from the federal courts• Most cases are civil cases
![Page 9: CHAPTER 16 THE FEDERAL COURTS. THE NATURE OF THE JUDICIAL SYSTEM Introduction: Two types of cases: Criminal Law: The government charges an individual](https://reader030.vdocuments.us/reader030/viewer/2022032517/56649cb15503460f94975c50/html5/thumbnails/9.jpg)
THE POLITICS OF JUDICIAL SELECTION
• The Lower Courts• Senatorial 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.
• Leads to the president approving the Senate’s choice
• More influence on appellate level
![Page 10: CHAPTER 16 THE FEDERAL COURTS. THE NATURE OF THE JUDICIAL SYSTEM Introduction: Two types of cases: Criminal Law: The government charges an individual](https://reader030.vdocuments.us/reader030/viewer/2022032517/56649cb15503460f94975c50/html5/thumbnails/10.jpg)
THE POLITICS OF JUDICIAL SELECTION
• The Supreme Court• President relies on attorney general and DOJ to screen
candidates.• 1 out of 5 nominees will not make it.• Presidents with minority party support in the Senate will
have more trouble.• Chief Justice’s position can be filled by a sitting justice, or
a new member.
![Page 11: CHAPTER 16 THE FEDERAL COURTS. THE NATURE OF THE JUDICIAL SYSTEM Introduction: Two types of cases: Criminal Law: The government charges an individual](https://reader030.vdocuments.us/reader030/viewer/2022032517/56649cb15503460f94975c50/html5/thumbnails/11.jpg)
THE BACKGROUNDS OF JUDGES AND JUSTICES
• Characteristics:• Generally white males• Lawyers with judicial experience
• Other Factors:• Generally of the same party as the appointing president• Yet the judges and justices may disappoint the
appointing president
![Page 12: CHAPTER 16 THE FEDERAL COURTS. THE NATURE OF THE JUDICIAL SYSTEM Introduction: Two types of cases: Criminal Law: The government charges an individual](https://reader030.vdocuments.us/reader030/viewer/2022032517/56649cb15503460f94975c50/html5/thumbnails/12.jpg)
THE COURTS AS POLICYMAKERS
• Accepting Cases• Uses 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.
Figure 16.4
![Page 13: CHAPTER 16 THE FEDERAL COURTS. THE NATURE OF THE JUDICIAL SYSTEM Introduction: Two types of cases: Criminal Law: The government charges an individual](https://reader030.vdocuments.us/reader030/viewer/2022032517/56649cb15503460f94975c50/html5/thumbnails/13.jpg)
THE COURTS AS POLICYMAKERS
• Making Decisions• Oral arguments may be made in a case.• Justices discuss the case.• One justice will write an opinion on the case.
Figure 16.5
![Page 14: CHAPTER 16 THE FEDERAL COURTS. THE NATURE OF THE JUDICIAL SYSTEM Introduction: Two types of cases: Criminal Law: The government charges an individual](https://reader030.vdocuments.us/reader030/viewer/2022032517/56649cb15503460f94975c50/html5/thumbnails/14.jpg)
THE COURTS AS POLICYMAKERS
• Making Decisions, continued…• Opinion: Statement of legal reasoning behind a
judicial decision.• 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.
![Page 15: CHAPTER 16 THE FEDERAL COURTS. THE NATURE OF THE JUDICIAL SYSTEM Introduction: Two types of cases: Criminal Law: The government charges an individual](https://reader030.vdocuments.us/reader030/viewer/2022032517/56649cb15503460f94975c50/html5/thumbnails/15.jpg)
THE COURTS AS POLICYMAKERS
• Implementing Court Decisions• Must rely on others to carry out decisions• Interpreting population: understand the decision• Implementing population: the people who need to carry
out the decision may be in disagreement with each other• Consumer population: the people who are affected (or
could be) by the decision
![Page 16: CHAPTER 16 THE FEDERAL COURTS. THE NATURE OF THE JUDICIAL SYSTEM Introduction: Two types of cases: Criminal Law: The government charges an individual](https://reader030.vdocuments.us/reader030/viewer/2022032517/56649cb15503460f94975c50/html5/thumbnails/16.jpg)
THE COURTS AND THE POLICY AGENDA
• A Historical Review• John Marshall and the Growth of Judicial Review• The “Nine Old Men”• The Warren Court• The Burger Court• The Rehnquist Court
![Page 17: CHAPTER 16 THE FEDERAL COURTS. THE NATURE OF THE JUDICIAL SYSTEM Introduction: Two types of cases: Criminal Law: The government charges an individual](https://reader030.vdocuments.us/reader030/viewer/2022032517/56649cb15503460f94975c50/html5/thumbnails/17.jpg)
UNDERSTANDING THE COURTS
• The Courts and Democracy• Courts are not very democratic• Not elected• Difficult to remove
• But the court does reflect popular majorities• Groups are likely to use the courts when other methods
fail- promoting pluralism• There are still conflicting rulings leading to deadlock and
inconsistency
![Page 18: CHAPTER 16 THE FEDERAL COURTS. THE NATURE OF THE JUDICIAL SYSTEM Introduction: Two types of cases: Criminal Law: The government charges an individual](https://reader030.vdocuments.us/reader030/viewer/2022032517/56649cb15503460f94975c50/html5/thumbnails/18.jpg)
UNDERSTANDING THE COURTS
• What Courts Should Do: The Scope of Judicial Power• Judicial 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 chart new constitutional ground.
![Page 19: CHAPTER 16 THE FEDERAL COURTS. THE NATURE OF THE JUDICIAL SYSTEM Introduction: Two types of cases: Criminal Law: The government charges an individual](https://reader030.vdocuments.us/reader030/viewer/2022032517/56649cb15503460f94975c50/html5/thumbnails/19.jpg)
INTERNET RESOURCES
• U.S. Supreme Court• Decisions of the Supreme Court• Audio files of oral arguments• Deciding cases• Federal Court system• FDR’s court-packing plan• Vacancies and appointments