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AP U.S. GOVERNMENT & POLITICS - Judiciary The Judiciary

AP U.S. GOVERNMENT & POLITICS - Judiciary The Judiciary

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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

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

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”

AP U.S. GOVERNMENT & POLITICS - Judiciary

Politics of Judicial Selection

AP U.S. GOVERNMENT & POLITICS - Judiciary

Politics of Judicial Selection

Douglas Ginsburg

Nominated by Ronald ReaganHe withdrewIt was discovered that when he was a student in the 60’s and then a professor of law at Harvard in the 70’s, he . . . Enjoyed a certain illegal leafy substance