sscg16 the student will demonstrate knowledge of the operation of the federal judiciary. a. explain...

CHAPTER 14:

THE COURTS

Unit 2: Your Day in Court is Coming

STANDARD 16 A, C ,D

A m e r i c a n G o v e r n m e n t

GPS STANDARDS SSCG16 The student will demonstrate

knowledge of the operation of the federal judiciary.

a. Explain the jurisdiction of the Supreme Court, federal courts and the state courts.

c. Describe how the Supreme Court decides cases.

d. Compare the philosophies of judicial activism and judicial restraint.

ESSENTIAL QUESTION How has the judicial branch developed

“co-equal” powers to rival the legislative and executive branches?

ORGANIZATION OF COURTS Some Court Fundamentals

Criminal Case: a court case involving a crime, or violation of public order

Civil Case: a court case that involves a private dispute arising from such matters as accidents, contractual obligations, and divorce

ORGANIZATION OF COURTS Some Court Fundamentals

Most cases never go to trial

Plea Bargain: a defendant’s admission of guilt in exchange for a less severe punishment

Settle: parties to litigation resolve a dispute between themselves

Opinion: explanation justifying a judge’s ruling

ORGANIZATION OF COURTS Some Court Fundamentals

Federal court organization

U.S. District Court: a court within the lowest tier of the three-tiered federal court system; a court where litigation begins

U.S. Court of Appeals: a court within the second tier of the three-tiered federal court system, to which the decisions of the district courts ad federal agencies may be appealed for review

The Supreme Court: highest court

ORGANIZATION OF COURTS The U.S. District Courts

Sources of litigation

Federal criminal cases, as defined by national law

Civil cases brought by individuals, groups or the government, alleging violation of national law

Civil cases brought against the national government

Civil cases between citizens of different states when the amount in controversy exceeds $75,000

ORGANIZATION OF COURTS The U.S. Court of Appeals

Appellate Court Proceedings

Based strictly on rulings made and procedures followed in trial court

Usually convene in panels of 3 judges

ORGANIZATION OF COURTS The U.S. Court of Appeals

Uniformity of Law

Court of appeals harmonize decisions within their regions

THE FEDERAL AND STATECOURT SYSTEMS, 2004-2005

THE SUPREME COURT The Supreme Court’s task: providing

equal justice under law while making justice the guardian of liberty

John Roberts

THE SUPREME COURT Access to the Court

Sources of Supreme Court cases

Original Jurisdiction: the authority of a court to hear case before any other court does

Appellate Jurisdiction: is the authority of a court to hear cases that have been tried, decided, or reexamined in other courts

THE SUPREME COURT Access to the Court

Appellate litigation must satisfy two conditions

Case must have reached the end of the line in the state court system

Case must raise a federal question: an issue covered by the U.S. Constitution, national laws or U.S. treaties

ACCESS TO AND DECISIONMAKING IN THE U.S. SUPREME COURT

THE SUPREME COURT Decision Making

Attorneys submit briefs; oral arguments may be heard

conferences: chief justice presents cases and his vote, others discuss and vote

THE SUPREME COURT Decision Making

Judicial Restraint and Judicial Activism

Judicial Restraint: a judicial philosophy whereby judges adhere closely to statutes and precedents in reaching their decision

Judicial Activism: a judicial philosophy whereby judges interpret existing laws and precedents loosely and interject their own values in court decisions

THE SUPREME COURT Decision Making

Judgment and Argument

Judgment: the judicial decision in a court case

Argument: the heart of a judicial opinion; its logical content separated from facts, rhetoric and procedure

Opinions may be unanimous

THE SUPREME COURT Decision Making

The Opinion

Chief justice or most senior justice in the majority writes or assigns the majority opinion

Opinion writing is the justices’ most critical function

Opinion drafts are circulated and rewritten to accommodate colleagues

THE SUPREME COURT The Chief Justice

Important functions

Forms docket

Directs Court’s conferences

Can be a social leader

Can embody intellectual leadership

JUDICIAL RECRUITMENT The Appointment of Federal Judges

Federal judges hold their commission for life

JUDICIAL RECRUITMENT The Appointment of Federal Judges

The “Advice and Consent” of the Senate

Senate Judiciary Committee: conducts hearing for each judicial nominee

DIVERSITY ON THE FEDERAL COURTS