Date post: | 02-Jan-2016 |
Category: |
Documents |
Upload: | charity-harvey |
View: | 229 times |
Download: | 3 times |
Common Law Tradition Common law = judge-made law; originated in
England; derived from prevailing customs Precedent = court ruling bearing on
subsequent legal decisions in similar cases Emanates from stare decisis, or standing on
decided cases Precedents set by Supreme Court binding on
all lower courts; highest court in U.S.
Sources of American Law
Constitutions United States Constitution State Constitutions
Congressional Statutes Administrative regulations Case law = previous court decisions
Basic Judicial Requirements
Jurisdiction (Article III, Section 1) Authority to hear and decide a case
Federal question U.S. Constitution, treaties, federal law
Diversity of citizenship Parties from different states or countries
Standing to sue Sufficient state to justify bringing suit; party must
have been threatened by or suffered a harm as a result of the action
Justiciable controversy Real, substantial case; no hypotheticals
Federal Courts U.S. District Courts
Trial courts of general jurisdiction 94 total, at least one in each state
U.S. Courts of Appeals 13 total, regional jurisdiction Appellate courts Hears appeals from district courts Panels of three or more judges
Supreme Court 9 justices Number can be changed by Congress Appointment process often highly politicized Primarily an appellate court Hears appeals from federal courts and highest
state courts Only deals with federal questions Writ of certiorari/rule of four (sur-shee-uh-rah-
ree, petition for review approved by 4 justices) Oral arguments
Which Cases Reach the Supreme Court?
a subjective process, but certain factors increase a case’s chances
Two lower courts are in disagreement
Lower court’s ruling conflicts with an existing Supreme Court ruling
Case has broad significance State court has decided a substantial
federal question
Which Cases Reach the
Supreme Court? (cont.)
Highest state court holds a federal law invalid, or upholds a state law that has been challenged as violating a federal law
Federal court holds an act of Congress unconstitutional
Solicitor general is pressuring the Court to hear a case
Types of Court Decisions
Discuss cases twice a week in conference
Opinions Unanimous = all agree Majority = at least 5 agree Concurring = support with qualification Dissenting = disagrees with court ruling
Affirm = court ruling is valid Reverse = void a court ruling Remand = send the case back
Selection of Federal Judges
Appointed by the president Confirmed by the Senate Senatorial courtesy and district courts Partisanship of court appointees Senate Judiciary Committee hearings
Courts as Policymakers Our current court, p. 296 Judicial review = power of the courts to
declare the laws of Congress and acts of governmental officials unconstitutional
Judicial activism = taking a broad view of the Constitution and using judicial power to direct policy towards a desired goal
Judicial restraint = rarely using judicial review and limiting judicial action in the policy process
Checks on the Judiciary Executive checks
Judicial implementation = court has no enforcement power
Appointments Legislative checks
Appropriation of funds to carry out rulings
Constitutional amendments Amending laws to overturn court’s
rulings
Checks on the Judiciary, (cont.)
Public opinion Sometimes can ignore decisions Pressure for non-enforcement Influence judicial opinions
Judicial self-restraint Tradition of restraint Narrow focus of judicial questions Political questions better decided by other
branches Stare decisis = following precedent
Discussion questions
1. What are the major sources of law in the U.S.?
2. What would be the strengths and weaknesses of electing justices?
3. What would our political system look like if judicial review had been rejected?
4. Should federal judges engage in judicial activism or judicial restraint?
5. Describe the checks on judicial power.
Hot Links to Selected Internet Resources: Book’s Companion Site:
http://politicalscience.wadsworth.com/schmidtbrief2004
Wadsworth’s Political Science Site: http://politicalscience.wadsworth.com
The Federal Judiciary: http://www.uscourts.gov
Supreme Court of the United States: http://supremecourtus.gov
FindLaw: http://www.findlaw.com