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AP U.S. GOVERNMENT & POLITICS - Judiciary
The Judiciary
AP U.S. GOVERNMENT & POLITICS - Judiciary
Nature of the Judicial System
Two Types of Cases
CriminalThe government charges an individual with violating one or more specific laws.
CivilThe court resolves a dispute between two parties and defines the relationship between them.
AP U.S. GOVERNMENT & POLITICS - Judiciary
Nature of the Judicial System
Question:Are most cases tried and resolved in state or federal courts?
Answer:State courts.
AP U.S. GOVERNMENT & POLITICS - Judiciary
Nature of the Judicial System
Participants in the System
Litigants
The party bringing a charge is known as the . . .PLAINTIFF
The party being charged is known as the . . . DEFENDANT
AP U.S. GOVERNMENT & POLITICS - Judiciary
Nature of the Judicial System
Participants in the System
Decision Makers
People who often decide the outcome of a case . . . JURY
Although, in some cases the “decider” is the . . . JUDGE
AP U.S. GOVERNMENT & POLITICS - Judiciary
Nature of the Judicial System
Participants in the System
Legal Issues
In order to be able to be a plaintiff, one must have sustained, or is likely to sustain, a direct injury . . . “Standing to sue”
In addition, a case must be capable of being settled as a matter of law. . . “Justiciable”
AP U.S. GOVERNMENT & POLITICS - Judiciary
Nature of the Judicial System
Participants in the System
Groups
Non-party groups use the courts to influence policies.File legal briefs to influence court decisions . . . “Amicus Curiae” . . . friend of the court.
AP U.S. GOVERNMENT & POLITICS - Judiciary
Nature of the Judicial System
Participants in the System
Attorneys
About 1 million in the U.S.Issue: access to an attorney is not equal
AP U.S. GOVERNMENT & POLITICS - Judiciary
Structure of the Federal System
Three Levels of Federal Courts
District Courts
Courts of Appeal
Supreme Court
AP U.S. GOVERNMENT & POLITICS - Judiciary
Structure of the Federal System
District Courts
Are courts of “original jurisdiction” . . .
Are the trial court: hear case first and determine the facts.
Total = 91 Courts & 678 Judges
AP U.S. GOVERNMENT & POLITICS - Judiciary
Structure of the Federal System
Courts of Appeal
Have appellate jurisdiction . . .
Review legal issues in cases brought from lower courts
Do not hear testimony or hold trials, instead focus on errors of procedure and law
Total = 12 judicial circuits & 178 Judges
AP U.S. GOVERNMENT & POLITICS - Judiciary
Structure of the Federal System
The Supreme Court
The number of justices is . . .
NINE
Mostly appellate jurisdiction (hears appeals)
Most cases are: * appealed from Federal Courts of Appeal* Civil cases
AP U.S. GOVERNMENT & POLITICS - Judiciary
Structure of the Federal System
The Supreme Court
A few key functions:
* Ensures uniformity in interpreting national laws
* Resolves conflicts among states
* Maintains national supremacy in the law
AP U.S. GOVERNMENT & POLITICS - Judiciary
Structure of the Federal System
Reminder: “Supremacy Clause”
Article VI, Clause 2
This Constitution, and the Laws of the United States which shall be made in pursuance thereof;
and all treaties made, or which shall be made, under the authority of the United States,
shall be the supreme law of the land;
and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.
AP U.S. GOVERNMENT & POLITICS - Judiciary
Politics of Judicial Selection
Appointment of Federal Court Judges
• President selects• with “advice & consent” of the . . . • Senate
AP U.S. GOVERNMENT & POLITICS - Judiciary
Politics of Judicial Selection
District Court Appointments
• Through “Senatorial Courtesy”• Unwritten tradition . . . • Judge is not confirmed if a senator of the president’s party from the state where the nominee will serve opposes the nomination
AP U.S. GOVERNMENT & POLITICS - Judiciary
Politics of Judicial Selection
Supreme Court Appointments
• Prospective nominees are usually carefully screened• Presidents without majority party support in the Senate will have more difficulty • The Chief Justice can be chosen from a sitting justice or as a new member of the Court
AP U.S. GOVERNMENT & POLITICS - Judiciary
Politics of Judicial Selection
Supreme Court Appointments
Question: How many nominees are rejected?
A. 10%B. 20%C. 33%D. 50%
AP U.S. GOVERNMENT & POLITICS - Judiciary
Politics of Judicial Selection
Supreme Court Appointments
Question: How many nominees are rejected?
A. B. 20%C. D.
AP U.S. GOVERNMENT & POLITICS - Judiciary
Politics of Judicial Selection
Some Recent Nominees Who Didn’t Make It
AP U.S. GOVERNMENT & POLITICS - Judiciary
Politics of Judicial Selection
Harriet Miers
Nominated by George W. Bush,She withdrewafter many questioned her qualifications (she had never been a judge),and after heavy criticism by other Republicans, who believed she would not be conservative enough
AP U.S. GOVERNMENT & POLITICS - Judiciary
Politics of Judicial Selection
Robert Bork
Nominated by Ronald ReaganHe was attacked for his extreme viewsAnd did not help his case by being argumentative when questioned by the Senate in hearingsThe Senate rejected him, 58-42Now, whenever a nominee is heavily criticized in hearings, it is referred to as being “Borked”