chapter 11 and 12 summary. essential question how does the constitution define the powers of the...
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CHAPTER 11 AND 12
SUMMARY
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How does the Constitution define the powers of the federal courts, and how are the various courts related to one another?
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Lower Federal Courts: Constitutional courts• Established by Congress under the provisions
of Article III of the Constitution• Include federal district courts, federal courts
of appeals, and United States Court of International Trade
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Lower Federal Courts: Legislative courts• Created by Congress under provisions in
Article I of the Constitution to help Congress carry out its powers
• Include United States Tax Court, U.S. Court of Appeals for the Armed Forces, Court of Appeals for Veterans, and others
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The Supreme Court• Original jurisdiction in cases involving
representatives of foreign countries and certain cases in which a state is a party
• Appellate jurisdiction in cases that are appealed from lower courts of appeals or from a state’s highest court, as well as certain cases from federal district courts in which an act of Congress was held unconstitutional
• Justices appointed by president with Senate approval
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Development of Supreme Court Power• 1801–1883: Marshall Court extended
power of Supreme Court and strengthened federal power over the states
• 1803: Marbury v. Madison established power of judicial review
• 1953–1969: Warren Court adopted a more liberal view on civil rights and public-policy issues
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How do cases come before the Supreme Court, and what factors influence the decisions the Court makes?
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Getting Cases to the Court
• Most cases reach the Supreme Court as appeals from lower court decisions. They come to the courts in one of two ways:
– writ of certiorari—an order from the Court to a lower court to send up the records on a case for review.
– appeal—a request made to review the decision of a lower federal or state court.
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Influences on Supreme Court Decisions• Existing laws: Court interprets and applies laws to
individual cases• Personal views of the justices: Political ideology• Justices’ ability to work together• Social forces and public attitudes• Congress and the president: Judicial branch
works as part of the system of checks and balances
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Limits on the Court’s Shaping of Public Policy• Types of issues: Court deals mostly with civil
liberties, economic issues, federal laws, and suits against government officials
• Types of cases: Court hears only cases that meet certain criteria
• Agenda: Generally can decide only cases that come to it from elsewhere in the legal system
• Enforcement power: Court has limited ability to enforce its rulings
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How the Court Shapes Public Policy• Judicial review: Court may decide whether
government laws are constitutional• Interpreting the meaning of laws: Court takes the
general language of laws and applies it to specific cases
• Overruling or reversing previous Court decisions to reflect changing social values and laws
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• District courts use two types of juries in criminal cases:
– A grand jury, which usually includes 16 to 23 people, hears charges against a person suspected of having committed a crime.
• If a grand jury believes sufficient evidence exists to bring the person to trial, it issues an indictment—a formal accusation charging a person with a crime.
Constitutional Courts (cont.)
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– A petit jury, which usually consists of 6 or 12 people, is a trial jury.
• Many appointed officials provide support services for district courts, including:
– a U.S. attorney
– a U.S. magistrate
– a bankruptcy judge
– a U.S. marshal
Constitutional Courts (cont.)
– deputy clerks
– bailiffs
– a stenographer
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• The courts of appeals may decide an appeal in one of three ways:
– uphold the original decision;
– reverse that decision; or
– send the case back to the lower court to be tried again.
Constitutional Courts (cont.)
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Supreme Court Justices
• The Supreme Court is comprised of nine justices: the chief justice of the United States and eight associate justices.
• The Supreme Court’s duty involves them in three decision-making tasks:
– deciding which cases to hear from among the thousands appealed to the Court each year;
– deciding the case itself; and
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– determining an explanation for the decision, called the Court’s opinion.
• The chief justice’s duties include:
– presiding over sessions and conferences at which the justices discuss cases;
– assigning the writing of the Court’s opinion to one of the justices who voted for the ruling; and helping administer the federal court system.
Supreme Court Justices (cont.)
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Appointing Justices
• Justices reach the Court through appointment by the president with Senate approval.
• Political considerations often affect a president’s choice of a nominee to the Court.
• Presidents prefer to nominate a candidate whose political beliefs are similar to their own.
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Getting Cases to the Court
• Most cases reach the Supreme Court as appeals from lower court decisions. They come to the courts in one of two ways:
– writ of certiorari—an order from the Court to a lower court to send up the records on a case for review.
– appeal—a request made to review the decision of a lower federal or state court.
Supreme Court Caseload
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Section 1
Getting Cases to the Court (cont.)
• When justices accept a case, they decide whether to ask for more information from the opposing lawyers or to rule quickly on the basis of materials already available.
• If the Court rules without consulting new information, the ruling may be announced with a per curiam opinion—a brief, unsigned statement of the Court’s decision.
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Steps in Deciding Major Cases
• After the Court accepts a case, the lawyers on each side of the case submit a brief—a written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of a case.
• Parties not directly involved in a case but who have an interest in its outcome may submit amicus curiae—or “friend of the court”—briefs.
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Steps in Deciding Major Cases (cont.)
• After briefs are filed, lawyers from each side are given 30 minutes to present an oral argument.
• A majority of justices must be in agreement to decide a case, and at least six justices must be present for a decision.
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Tools for Shaping Policy
• As the Supreme Court decides cases, it determines policy in three ways:
– judicial review
– interpretation of laws
– overruling or revising its previous decisions
• Judicial review—the Supreme Court’s power to examine the laws and actions of local, state, and national governments and to cancel them if they violate the Constitution.
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Steps in Deciding Major Cases (cont.)
• The Court issues four kinds of opinions:
– About one-third of the Court’s decisions are unanimous opinions.
– A majority opinion expresses the views of the majority of the justices on a case.
– One or more justices who agree with the majority but do so for different reasons write a concurring opinion.
– A dissenting opinion is the opinion of justices on the losing side of the case.