Chapter 14 & 6
-
Upload
jose-landeros -
Category
Education
-
view
978 -
download
0
Transcript of Chapter 14 & 6
Chapter 14: The Judiciary
A More Perfect Union 1/e
The Judiciary
• The Origins of the U.S. Judiciary
– The Constitution and the Judiciary Act of
1789: Establishing the Supreme Court and
the Federal District Courts
–Marbury v. Madison and the Principle of
Judicial Review
– The Judiciary Act of 1891: Expanding the
Federal Courts
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 2
The Judiciary
• The Basis of U.S. Law
– The Language of U.S. Law
– Common Law
• Historical Basis of Common Law
• The Principle of Stare Decisis
– Code Law
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 3
The Judiciary
• Sources of U.S. Law
– The Federal and State Constitutions
– Statutes
– Judicial Decisions
– Executive Orders
– Administrative Law
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 4
The Judiciary
• The Federal Court System
– Jurisdiction of Federal Courts
– The Structure of Federal Courts
• Federal District Courts
• U.S. Courts of Appeals
• Special Courts
• The U.S. Supreme Court within the Federal
System
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 5
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 6
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 7
The Judiciary
• Selecting Judges for the Federal Bench
– The Senate’s Role in Appointment and
Confirmation
– Judicial Competence
– Ideology and Selection to the Bench
– Representation of Demographic Groups
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 8
The Judiciary
• The U.S. Supreme Court Today
– The Supreme Court’s Jurisdiction
– Choosing Cases for Review
– On the Docket: Considering the Case
– Meeting in Conference: The Deliberative Stage
– Deciding How to Vote: Voting Blocs on the
Court
– Writing the Opinion
– The Supreme Court Today: The Roberts Court
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 9
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 10
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 11
The Judiciary
• Judges as Policy Makers
– Activism Versus Restraint
– Competing Legal Interpretations
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 12
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 13
The Judiciary
• Checks on U.S. Courts
– The Inner Ring: Legislatures and Chief
Executives
– The Gatekeepers: Participants in the Judicial
Process
• Law Enforcers’ Checks on the Judiciary
• Interest Groups’ Checks on the Judiciary
– Intra-Court Constraints
– The Outer Ring: The Users
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 14
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 15
Chapter SixChapter Six
Pursuit of JusticePursuit of Justice
Source: Photo copyright © Michael Newman/Photo Edit Inc.
Exhibit 6Exhibit 6--11 JusticeJustice
Exhibit 6Exhibit 6--22 Civil Cases Filed in California Civil Cases Filed in California
Superior Courts 2004 (1.5 million cases)Superior Courts 2004 (1.5 million cases)
Exhibit 6Exhibit 6--33 TheThe Criminal Justice System
Source: U.S. Dept. of Justice, Bureau of Justice Statistics
Exhibit 6Exhibit 6--44 California Crime IndexCalifornia Crime Index
Source: Office of the California Attorney General
Exhibit 6Exhibit 6--55 Criminal Cases Filed in California Criminal Cases Filed in California
Superior Courts 2004Superior Courts 2004--2005 (7.4 million cases)2005 (7.4 million cases)
Exhibit 6Exhibit 6--66 California Crime, Arrests, California Crime, Arrests,
Convictions, & Incarcerations Indexed to 1980Convictions, & Incarcerations Indexed to 1980