Chapter 12

The Judiciary

The Common Law Tradition

common law – judge made law that originated in England and was derived from prevailing customs

precedent – a court ruling bearing on subsequent legal decisions in similar cases

- emanates from stare decisis, or standing on decided cases

Sources of American Law

Constitutions- United States Constitution- State Constitutions

Statutes and Administrative Regulations

Case Law

Basic Judicial Requirements

JurisdictionA Federal Question

orDiversity of Citizenship

Which Cases Reach the Supreme Court ?

• a subjective process, but certain factor increase a case’s chances o when two lower courts are in disagreement

o when a lower court’s ruling conflicts with an existing Supreme Court ruling

o when a case has broad significance

o when a state court has decided a substantial federal question

o when the highest state court holds a federal law invalid, or upholds a state law that has been challenged as violating a federal law

o when a federal court holds an act of Congress unconstitutional

o when the solicitor general is pressuring the Court to hear a case

Types of court decisions

opinion- unanimous- majority- concurring- dissenting

o affirmo reverseo remand

Ways in Which Courts Make Policy

judicial review – the power of the courts to declare the acts of governmental officials unconstitutional

judicial activism – taking a broad view of the Constitution and using 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- appointments

Legislative Checks- Appropriation of funds to carry out rulings- Constitutional amendments- Amending laws to overturn court’s rulings

Public Opinion- Sometimes can ignore decisions- pressure for non-enforcement- influence judicial opinions

Judicial Self-Restraint- narrow focus of judicial questions- stare decisis - tradition of restraint

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