The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal...
-
Upload
richard-hodge -
Category
Documents
-
view
214 -
download
0
Transcript of The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal...
![Page 1: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/1.jpg)
The Federal CourtsThe Federal Courts
![Page 2: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/2.jpg)
The Nature of the Judicial The Nature of the Judicial SystemSystem
Introduction: Two types of cases:
Criminal Law: The government charges an individual with 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.
![Page 3: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/3.jpg)
The Nature of the Judicial The Nature of the Judicial 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 the outcome of a case Standing to sue: plaintiffs have a serious
interest in the case.
![Page 4: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/4.jpg)
The Nature of the Judicial The Nature of the Judicial SystemSystem
Participants in the Judicial System Interests Groups.
Use the courts to try to change policies. Amicus Curiae briefs to influence the
Supreme Court Attorneys.
Legal Services Corporation- lawyers to assist the poor
Not all lawyers are equal.
![Page 5: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/5.jpg)
The Structure of the Federal The Structure of the Federal Court SystemCourt System
District Courts Original Jurisdiction: courts that determine
the facts about a case- the trial court. Federal crimes Civil suits under federal law / across state
lines Supervising bankruptcy / naturalization Reviews some federal agencies Admiralty and maritime law cases
![Page 6: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/6.jpg)
The Structure of the Federal The Structure of the Federal Court SystemCourt 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
![Page 7: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/7.jpg)
Figure 16.1Figure 16.1
The Structure of the Federal The Structure of the Federal Court SystemCourt System
![Page 8: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/8.jpg)
The Structure of the Federal The Structure of the Federal Court SystemCourt System
The Supreme Court 9 justices- 1 Chief Justice, 8 Associate
Justices Supreme Court decides which cases it
will hear Original jurisdiction & Appellate
jurisdiction. Most cases are civil cases
![Page 9: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/9.jpg)
The Politics of Judicial The 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 the Senate’s choice
More influence on appellate level
![Page 10: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/10.jpg)
The Politics of Judicial The Politics of Judicial SelectionSelection
The Supreme Court President nominates 1 out of 5 nominees will not make it. Senate Approves – difficulties? Chief Justice’s position can be a sitting
justice, or a new member.
![Page 11: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/11.jpg)
The Backgrounds of Judges The Backgrounds of Judges and Justicesand Justices
Characteristics: Generally white males Lawyers with judicial experience
Other Factors: Generally of the same party as the
appointing president Yet the judges and justices may
disappoint the appointing president
![Page 12: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/12.jpg)
Figure 16.4Figure 16.4
The Courts as PolicymakersThe Courts as Policymakers Accepting Cases
Use the “rule of four” to choose cases. Issues a writ of certiorari to call up the case. Very few cases are actually accepted each year.
![Page 13: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/13.jpg)
Figure 16.5Figure 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 an opinion on the
case. Opinion: Statement of legal reasoning
behind a judicial decision.
![Page 14: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/14.jpg)
![Page 15: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/15.jpg)
The Courts as PolicymakersThe Courts as Policymakers
Making Decisions, continued… Stare decisis: basically to let the
previous decision stand unchanged.
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.
![Page 16: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/16.jpg)
Understanding the CourtsUnderstanding the Courts
What Courts Should Do: The Scope of Judicial Power Judicial restraint: judges should play a
minimal policymaking role- leave the policies to the legislative branch.
Judicial activism: judges should make bold policy decisions and even charting new constitutional ground.
![Page 17: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/17.jpg)
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 people who
need to carry out the decision- may be disagreement
Consumer population: the people who are affected (or could be) by the decision
![Page 18: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/18.jpg)
Understanding the CourtsUnderstanding 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
![Page 19: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/19.jpg)
Figure 16.1Figure 16.1
The Structure of the Federal The Structure of the Federal Court SystemCourt System
![Page 20: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/20.jpg)
![Page 21: The Federal Courts. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating.](https://reader030.fdocuments.us/reader030/viewer/2022032702/56649cb15503460f94975cbd/html5/thumbnails/21.jpg)
Why does Ms. Welch want to Why does Ms. Welch want to be a Federal Judge?be a Federal Judge?
Federal Judges may only be removed Federal Judges may only be removed through the impeachment processthrough the impeachment process
If a judge retires after serving 10 If a judge retires after serving 10 years at age 70 he/she will get full years at age 70 he/she will get full salary for life. If he/she has served salary for life. If he/she has served 15 years at 65 they get the same 15 years at 65 they get the same deal.deal.