The Judiciary

Chapter 12

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)