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CHAPTER 14:
THE COURTS
Unit 2: Your Day in Court is Coming
STANDARD 16 A, C ,D
A m e r i c a n G o v e r n m e n t
GPS STANDARDS SSCG16 The student will demonstrate
knowledge of the operation of the federal judiciary.
a. Explain the jurisdiction of the Supreme Court, federal courts and the state courts.
c. Describe how the Supreme Court decides cases.
d. Compare the philosophies of judicial activism and judicial restraint.
ESSENTIAL QUESTION How has the judicial branch developed
“co-equal” powers to rival the legislative and executive branches?
ORGANIZATION OF COURTS Some Court Fundamentals
Criminal Case: a court case involving a crime, or violation of public order
Civil Case: a court case that involves a private dispute arising from such matters as accidents, contractual obligations, and divorce
ORGANIZATION OF COURTS Some Court Fundamentals
Most cases never go to trial
Plea Bargain: a defendant’s admission of guilt in exchange for a less severe punishment
Settle: parties to litigation resolve a dispute between themselves
Opinion: explanation justifying a judge’s ruling
ORGANIZATION OF COURTS Some Court Fundamentals
Federal court organization
U.S. District Court: a court within the lowest tier of the three-tiered federal court system; a court where litigation begins
U.S. Court of Appeals: a court within the second tier of the three-tiered federal court system, to which the decisions of the district courts ad federal agencies may be appealed for review
The Supreme Court: highest court
ORGANIZATION OF COURTS The U.S. District Courts
Sources of litigation
Federal criminal cases, as defined by national law
Civil cases brought by individuals, groups or the government, alleging violation of national law
Civil cases brought against the national government
Civil cases between citizens of different states when the amount in controversy exceeds $75,000
ORGANIZATION OF COURTS The U.S. Court of Appeals
Appellate Court Proceedings
Based strictly on rulings made and procedures followed in trial court
Usually convene in panels of 3 judges
ORGANIZATION OF COURTS The U.S. Court of Appeals
Uniformity of Law
Court of appeals harmonize decisions within their regions
THE FEDERAL AND STATECOURT SYSTEMS, 2004-2005
THE SUPREME COURT The Supreme Court’s task: providing
equal justice under law while making justice the guardian of liberty
John Roberts
THE SUPREME COURT Access to the Court
Sources of Supreme Court cases
Original Jurisdiction: the authority of a court to hear case before any other court does
Appellate Jurisdiction: is the authority of a court to hear cases that have been tried, decided, or reexamined in other courts
THE SUPREME COURT Access to the Court
Appellate litigation must satisfy two conditions
Case must have reached the end of the line in the state court system
Case must raise a federal question: an issue covered by the U.S. Constitution, national laws or U.S. treaties
ACCESS TO AND DECISIONMAKING IN THE U.S. SUPREME COURT
THE SUPREME COURT Decision Making
Attorneys submit briefs; oral arguments may be heard
conferences: chief justice presents cases and his vote, others discuss and vote
THE SUPREME COURT Decision Making
Judicial Restraint and Judicial Activism
Judicial Restraint: a judicial philosophy whereby judges adhere closely to statutes and precedents in reaching their decision
Judicial Activism: a judicial philosophy whereby judges interpret existing laws and precedents loosely and interject their own values in court decisions
THE SUPREME COURT Decision Making
Judgment and Argument
Judgment: the judicial decision in a court case
Argument: the heart of a judicial opinion; its logical content separated from facts, rhetoric and procedure
Opinions may be unanimous
THE SUPREME COURT Decision Making
The Opinion
Chief justice or most senior justice in the majority writes or assigns the majority opinion
Opinion writing is the justices’ most critical function
Opinion drafts are circulated and rewritten to accommodate colleagues
THE SUPREME COURT The Chief Justice
Important functions
Forms docket
Directs Court’s conferences
Can be a social leader
Can embody intellectual leadership
JUDICIAL RECRUITMENT The Appointment of Federal Judges
Federal judges hold their commission for life
JUDICIAL RECRUITMENT The Appointment of Federal Judges
The “Advice and Consent” of the Senate
Senate Judiciary Committee: conducts hearing for each judicial nominee
DIVERSITY ON THE FEDERAL COURTS
