the judicial branch. copyright 2009 pearson education, inc., publishing as longman understanding the...
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The Judicial Branch
Copyright 2009 Pearson Education, Inc.,Publishing as Longman
Understanding the Federal Judiciary
The Framers viewed the federal judiciary as an important check against Congress and the president
But the judiciary has no influence over the other two houses of government
Copyright 2009 Pearson Education, Inc.,Publishing as Longman
Judicial Review
The power of a court to refuse to enforce a law or government regulation that, in the opinion of the judges, conflicts with the U.S. Constitution or, in a state court, the state constitution
Only a constitutional amendment or a later Supreme Court decision can modify the Court’s decisions
Copyright 2009 Pearson Education, Inc.,Publishing as Longman
Judicial Federalism: State and Federal Courts
Dual court system
Two court systems, state and federal, exist and operate at the same time
in the same geographic areas
Supreme Court and Inferior Courts
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Inferior Courts Level One:
U.S. District Courts(94) Principal trial courts in the Federal Court System
District judges are appointed by the President, subject to confirmation by the Senate, and hold office for life
Where majority of cases are tried
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Level Two: Circuit Courts of
AppealsThe 11 U.S. Judicial Circuits
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Level Three:The Supreme Court
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Senate Advice and Consent
Senate Confirmation Hearings
Except for Robert Bork, most judicial nominees have refused to answer questions that might reveal how they would decide a
case
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Reform of the Selection Process
The lengthy and embattled confirmation hearings of
Robert Bork (1987) and Clarence Thomas (1991) led
many to ask if the confirmation process was in need of reform
Federal Judge Appointments
Same procedure the Constitution lays out for Supreme Court Judges
Appointed for life (except for special courts)
May be attorneys, law school professors, former members of Congress, State court judges
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Level Three:The Supreme Court
Federal Judge Appointments
Same procedure the Constitution lays out for Supreme Court Judges
Nominated by the President, Senate advice and consent required
Appointed for life (except for special courts)
May be attorneys, law school professors, former members of Congress, State court judges
Senate Advice and Consent
Required by the U.S. Constitution for Supreme Court Nominations
Senate Confirmation Hearings
Held after a nomination is made by
the President
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Types of Legal Disputes
Criminal Law– Crimes against the public order
– Liberty is at stake
– Right to government-provided attorneys
– Right to trial by jury
Civil law– Relations between individuals, and their legal rights
– Typically monetary punishment
Plaintiffs vs. Defendants
Plaintiffsthe person who files a law suit
Defendantsthe person whom the complaint is against
Civil suits of $75,000 or more are heard in district court
Other Important Judiciary Terms
Probable Causereasonable suspicion of a crimeMiranda RuleThe constitutional rights that police must read to a suspect prior to questioningReprievean official postponement of the execution of a sentencePardonlegal forgiveness of a crime
Appeals Courts
Established by Congress in 1891
Relieve the Supreme Court of the burden of hearing appeals from district courts
Mabury v. Madison
Supreme Court found that the Judiciary Act of 1789 was in conflict with the Constitution
Established judicial review as a power of the Supreme Court