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The Federal CourtsThe Federal Courts

Chapter 16

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The Nature of the JudicialThe Nature of the Judicial

SystemSystem Introduction:

± Two types of cases:

Criminal Law: The gover nment charges and

individualwith 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.

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SystemSystem 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 theoutcome of a case

Standing to sue - plaintiffs have a serious interest in the case.

Justiciable disputes (jus-tish-e-bel)± A case must becapable of being settled as a matter of law.

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SystemSystem Participants in the Judicial System

± Groups

Use the courts to try to change policies.

Amicus Curiae (ah-meek-us curry-i) briefs to

influence the Supreme Court (Ex: ACLU)

± A

ttor n

eys Legal Services Corporation - lawyers to assist the

poor

Not all lawyers are equal.

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Figure 16.1

The Structure of the FederalThe Structure of the Federal

Judicial SystemJudicial System

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Judicial SystemJudicial System District Courts

± Original Jurisdiction: courts that hear the case first and

determine the facts - the trial court.± Federal crimes

± Civil suits under federal law and across state lines

± Supervise bankruptcy and naturalization

± R eview some federal agencies

± Admiralty and maritime law cases

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Judicial SystemJudicial 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

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Judicial SystemJudicial System The Federal Judicial Circuits (Figure 16.2)

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Judicial SystemJudicial System The Supreme Court

± 9 justices ± 1 Chief Justice, 8 Associate Justices

± Supreme Court decideswhich cases it will hear

± Some original jurisdiction, but mostly appellate

jurisdiction.

± Most cases come from the federal courts± Most cases are civil cases

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The Structure of theThe Structure of the

Federal Judicial SystemFederal Judicial System The Organization and Jurisdiction of the Courts (Figure 16.3)

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Judicial SystemJudicial System

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The Politics of JudicialThe Politics of Judicial

SelectionSelection 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.

Has the effect of the president approving theSenate¶s choice

± President has more influence on appellate level

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The Politics of JudicialThe Politics of Judicial

SelectionSelection The Supreme Court

± President relies on attor ney general and DOJ to

screen candidates.

± 1 out of 5 nomineeswill not make it.

± Presidentswith minority party support in the

Senate will have more trouble.± Chief Justice can be chosen from a sitting

justice, or a new member.

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The Politics of Judicial SelectionThe Politics of Judicial Selection

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The Backgrounds of JudgesThe Backgrounds of Judges

and Justicesand Justices Characteristics:

± Generallywhite males

± Lawyerswith judicial and often politicalexperience

Other Factors:

± Generally of the same party as the appointingpresident

± Yet the judges and justices may disappoint theappointing president

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The Backgrounds of Judges andThe Backgrounds of Judges and

JusticesJustices

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Figure 16.4

The Courts as PolicymakersThe Courts as Policymakers Accepting Cases

± Use the ³rule of four´ to choose cases.

± Issues a writ of certiorari (sir-she-ah-rare-e) to call up the case.

± Very few cases are actually accepted each year.

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Figure 16.5

The Courts as PolicymakersThe Courts as Policymakers Making Decisions

± Oral arguments may be made in a case.

± Justices discuss the case.

± One justice will write the majority opinion (statement of legalreasoning behind a judicial decision) on the case.

± P er curiam opinions are decisions without explanation

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The Courts as PolicymakersThe Courts as Policymakers Making Decisions, continued«

± Dissenting opinions are written by justiceswho oppose

the majority.± Concurring opinions are written in support of the

majority but stress a different legal basis.

± S tare decisis: to let the previous decision stand

un

chan

ged.± 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.

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The Courts as PolicymakersThe Courts as Policymakers Implementing Court Decisions

± Must rely on others to carry out decisions

± Interpreting population: understand the decision

± Implementing population: the peoplewho need

to carry out the decision ± may be disagreement

± Consumer population: the peoplewho areaffected (or could be) by the decision

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The Courts and the PolicyThe Courts and the Policy

AgendaAgenda A Historical R eview

± John Marshall and the Growth of Judicial R eview

M arbury v. M adison Judicial review: courts determine constitutionality of acts of

Congress

± The ³Nine Old Men´

± The Warren Court

± The Burger Court

± The R ehnquist Court

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Understanding the CourtsU

nderstanding 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

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nderstanding the Courts What Courts Should Do: The Scope of JudicialPower

± Judicial restrai

nt:

judges should play a min

imalpolicymaking role- leave the policies to the legislativebranch.

± Judicial activism: judges should make bold policydecisions and even charting new constitutional ground.

± Political questions: means of the federal courts to avoiddeciding some cases.

± Statutory construction: the judicial interpretation of an act of Congress.

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nderstanding the Courts

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