The Judiciary

Chapter 10- The Judiciary

Federal Judiciary Act of 1789

O Established the basic 3 step federal court system.

3. Supreme Court2. Appellate Court1. Trial Courts (where litigation (lawsuit) begins)

Impact of the Marshall Court

O Marbury v. Madison=

JUDICIAL REVIEW

The American Legal SystemJurisdiction

ORIGINAL APPELLATE

(see figure 10.1- page 332)

CRIMINAL V. CIVILO Criminal law relates to protection of property

and individual safety.- felonies, offenses or misdemeanors, murder, rape, robberyO The government persecute or bring an

action in behalf of the injured party. O Civil law regulates the conduct and

relationship between individuals or groups.O Both have a plaintiff or petitioner who brings

charges against the defendant. O Jury serves in both…

Federal Court SystemO Constitutional and Legislative CourtO Constitutional Courts:3. Supreme Court2. Appellate Court1. District Court

District CourtO Foreign nationsO Interpretation of the ConstitutionO BankruptcyO Military/ maritime lawO Ambassadors and public ministersO Disputes b/w two or more statesO U.S. government or any U.S. office or

agenciesO Concurrent jurisdiction- A person from

different states in a dispute over $75,000.

Appellate Court

O Appellate Jurisdiction O # of judges varyO In deciding a case, judges are divided

into 3-judge panel, if they choose to sit together is called en banc.

O These courts receive a brief (written arguments written by lawyers they can be present to argue the case orally).

O Decision is based on PRECEDENTO If there is no precedent a new case is

called stare decisis.

Supreme CourtO Both jurisdictionsO Since 1869, the court consist of 8

justices and 1 chief justice who is nominated only for that position. (9)

How are Fed. Court Judges Selected?

O Very political processO Senatorial CourtesyO Typically Judges….O have held other political offices (state

court judge or prosecutor)

…..Should they be elected or appointed

Nominating a O Competence- experience (legal, judicial,

government)O Ideology or policy preferences- Presidents

seek to appoint those who represent his/her views.

O Rewards- many have been personal friends O Pursuit of political support- can nominate

men or woman to obtain voters/ supportO Religion- Most have are Protestant and then

CatholicsO Race, Ethnicity, Gender

Confirmation ProcessO InvestigationO Lobbying by interest groupO Senate committee hearings and

senate vote

Nominating and Confirming

O The process must include:- an FBI investigation. - an investigation by the Senate

Judiciary Committee. - a vote of at least a majority of the

Senate. - a formal selection and endorsement

by the president.

The Supreme Court

Roberts Court

Supreme Court O About 8,150 cases were filed in

2009-2010 about 82 were heard, 81 were issued an opinion.

O Most arrive as writ of certiorari (to be informed)- is a request for the S.C. to order up records of lower court to review.

Writ of certiorari and the rule of 4

O Cases must:1. Come from U.S. Court of Appeals or

legislative court2. Federal question (related to federal

matter). O The clerk select cases O Give the cases to Chief JusticeO Rule of 4- at least 4 judges must vote

to consider a case.

Role of ClerksO Read all appeals filed and write

memos summarizing the key issued in each case.

O When cases are decided, the clerks help prepare the Court’s opinion by doing research and sometimes writing the draft for the opinions.

O Top graduates from law schools

Hearing and Deciding a Case

O Oral Arguments:- The S.C. term begins the 1st Monday

in October - mid June, they hear oral arguments until early April.

- Monday- Wednesday O The Conference and the Writing:

meet in closed conference twice a week.

O Writing Opinions