Upload
nancy-blake
View
214
Download
0
Tags:
Embed Size (px)
Citation preview
Types of Law
• Civil Law
• Criminal Law
Some Terms• Litigants
– Plaintiff– Defendant
• Standing
• Class Action Suits
• Interest Groups– ACLU, NAACP– Amicus Curiae
Class Action Law Suits have been filed against Maytag for
their defective "Maytag Neptune Washing Machine."
According to allegations in the complaints, the front-loading
machines are prone to mechanical and electronic problems, do not properly
wash clothes, and even have problems with mold, causing the machines and the clothes
washed to smell bad.
The Constitution & the Creation of the National Judiciary
•The Vagueness of Article III
•Resolved by Giving Congress the Power to Create any Lower Courts that Might be Deemed Necessary
Judiciary Act of 1789
Founder’s View• Federalist #87: Alexander
Hamilton Declared the Judiciary “the Weakest of the Three Departments of Power”
• Federalist #78:”Least Dangerous”- Congress has “the purse”, the president has the “sword”.
The Supreme Court Would be the Referee
Structure of the American Legal System
Dual Court System
Dual Sovereignty System
Both Systems are Three-Tiered
Bottom Layer: District Courts
Middle Layer: Appellate Courts
Top Layer: The Supreme Court
Federal Court Structure
Jurisdiction •Original Jurisdiction
Jury Trial
Hear the facts of the case
•Appellate Jurisdiction
Legal and Procedural Issues
No Testimony
Federal-Question Cases-
Diversity Cases-
Federal Court Structure
• Presently 91 Federal District Courts– 3-28 Federal Court Judges – U.S. Attorney
Three Categories of Cases Heard: • Federal Government is a Party to the Case • Questions of Federal Law • Civil Suits Involving Citizens from Different
States & +$50,000 at Issue
Federal Court Structure• Circuit Courts of Appeal• Losing Party Has the Right to Appeal
an Adverse Result from the District Courts
• Eleven Circuit Courts, Plus one in D.C.– 6-28 Judges– Usually Sit in Three- Judge Panels – En Banc
Federal Court Structure• Supreme Court• 9 Justices• Appellate
– From Circuit, or State Supreme Courts
– Must involve a Federal Question of Significance
• Original– Foreign Diplomat– US v. State or State v.
State
Supreme Court Purposes• Decide Cases
• Resolve Conflicts Among States
• Maintain National Supremacy of Law
• Uniformity of Interpretation of National Law
Judicial Selection• No Set Qualifications for Judges• President Nominates, Senate Confirms
Lower Court Appointments• Senatorial CourtesySupreme Court Appointments• Attorney General and Justice Department
Litmus Test or Not?
Presidents Attempt to ‘Put their Stamp’ on the Judiciary
Presidents Attempt to ‘Put their Stamp’ on the Judiciary
Supreme Court Choosing a Case
• Hear 100 out of 8000 considered.
• Discuss List
• Rule of Four
• Writ of Certiorari
• In Forma Pauperis
The Solicitor General
•Fourth-Ranking Member of the Justice Department
•Responsible for Dealing w/ all Arguments on Behalf of the Federal Govt.
•Appears Frequently Before the Supreme Court
•Often Described as the ’9 ½ Justice’
Ted Olson42nd Solicitor
General
Hearing a Case• October – June
• Two Week Cycles– Hearing Cases– Conferences/Opinions
• Prepare Briefs
• Oral Arguments– 30 Minutes Each Side
• Conferences– Role of Seniority in Discussion and Voting
Decisions, Decisions
Opinions
• Per Curiam
• Opinion of the Court
• Dissenting
• Concurring
Impact
• Stare Decisis
Implementation of Court Decisions“John Marshall has made his decision, now let him
enforce it.”Decisions Translating into Policy1. Interpreting Population2. Implementing Population
• Slippage
3. Consumer Population
Brown v. Board of Education Example• Executive Role• Legislative Role
Historical CourtsMarshall Court
Dominant Questions:
1. Legitimacy and Strength of the Federal Government
– Marbury v. Madison• Judicial Review
– Gibbons v. Ogden
2. Slavery– Scott v. Sandford
The New Deal Court
• FDR and Liberal Congress
• Conservative Court
• Court Packing Plan
• Switch in time...
Historical Courts
Historical Courts
Warren Court (1953-1969)
• Active Court– Civil Rights– Civil Liberties
Burger Court
• Conservative Court?
Historical Courts
Rehnquist Court
• Conservative in What Way?– Reversed Warren Court Decision
Or– Limited Warren Court Decision– 6-3 or 5-4 Decisons-Explain.
Judicial Power IssuesJudicial Activism vs. Judicial Restraint
Judicial Restraint- Strict Constructionism
“Change in public opinion unaccompanied by a constitutional amendment should not change the meaning of the constitution.”
1. Un-elected Judges
2. Questionable Expertise of Judges
3. Leave Policy-Making to Executive and Legislative Branches
4. Original Intention of the Framers
Judicial Power Issues
Judicial Activism vs. Judicial Restraint
Judicial Activism- Loose Constructionism
1. Insulated judges• Un-elected is an advantage• Not pressured by Public Opinion, Politics,
Interest Groups
2. Judicial Restraint leads to “frozen law”
3. Court of ‘Last Resort”
Checks on Judicial Power1. Executive
• Appoints
2. Congress• Confirms• Begins the
Constitutional Amendment Process
• Alter Lower Courts and Jurisdiction
3. Informal Checks?