US Politics The Judiciary. Overview Sources of American Law The Federal Court System Judicial Process and the Supreme Court Checks and Balances.

US Politics

The Judiciary

Overview

• Sources of American Law

• The Federal Court System

• Judicial Process and the

Supreme Court

• Checks and Balances

Sources of American Law

• Common-Law tradition– Judge based

– stare decisis (precedent)

• judges bound to respect rulings of prior judges in similar cases

Sources of American Law

• Constitution– Federal and State

• Statutes and Administrative Regulations

• Case Law– previous decisions and

interpretations of law

Federal Court System

• Federal System has a three tiered structure:– District Courts (94)

• trial courts: they determine the facts of the case

• general jurisdiction

• limited jurisdiction

(e.g., Bankruptcy Courts, Claims Court, Veterans Appeals, Tax)

Federal Court System

• Appeals Courts (Circuit Courts)– 13 federal appeals courts– appellate court

• doesn’t determine the “facts” of the case

• determines whether the rules and procedures were followed correctly

Federal Court System

+ one federal court = 13 Courts of Appeals

Number of Justices/Court

28 613

14

15

1611

12

17 12

12

Federal Court Circuit has 12

Federal Court System

• Selection of Justices is based on presidential nomination, followed by “advice and consent” of Senate

• The lower level federal courts operate on basis of “senatorial courtesy” whereby the the ranking senator in the state in which the justice will be seated submits acceptable nominee list to president

• As go higher up the system, more involvement from the president and greater scrutiny by the Senate

Federal Court System

• US Supreme Court– highest court in the

land

– has some original jurisdiction

– primarily appelate court

Federal Court System

Supreme Court– 9 Justices

– Appointed by President with advice and consent of the Senate

– Lifetime appointment pending good behavior

Clarence Thomas(GHW. Bush; 1981

John Paul Stevens(Ford; 1975)

Ruth Bader Ginsberg(Clinton; 1993)

Antonin Scalia(Reagan, 1986)

Anthony Kennedy(Reagan; 1988)

Stephen Breyer(Clinton; 1994)

David Souter(GHW Bush; 1990)

John Roberts(GW Bush; 2005)

Samual Alito(GW Bush; 2006)

Supreme Court

District Courts andother trial courts

Court of Appealsfor Federal

Circuit

State Supreme

Court

State Appellate

Courts

State Trial Courts

Judicial Process: Terminology

• Parties to the lawsuit:– plaintiff: party initiating the suit

– defendant: party that is target of the suit

• Standing– having a sufficient “stake” in the matter to warrant

bringing the suit

• Litigate– to engage in a legal proceeding; that is bring to trial

Judicial Process

• Plaintiff files application to Supreme Court to hear case– Until 1925, defendants had an automatic right to a

Supreme Court hearing. The Judiciary Act of 1925 eliminated that provision.

• Supreme Court issues writ of certiorari• Based on “rule of 4”

– 4 of the 9 justices must agree to hear the case

• Vast majority of cases are turned down – e.g., in 2007/08 term, the court heard 75 cases, and then

ruled on 72 cases, out of 8,241filings for appeal

Judicial Process

• Factors shaping issuance of the writ:– unsettled area of law– conflicting lower court rulings– change in court membership– advocacy by executive branch– compelling issue for Chief Justice

Judicial Process

• Oral Argument– Litigants file briefs

with court

– amicus curiae briefs also filed

– Litigants argue case before the Court

Judicial Process

• Justices then deliberate

• Issue Decision and Opinion– Decisions will:

• Affirm lower court ruling

• Reverse lower court ruling

• Remand to lower court

Judicial Process

• Decisions and Opinions– The Decision is expressed in an opinion of the

court• Majority Opinion: the legal reasoning used by a

majority of members to reach the decision– Concurrent: members who agree with the decision but

disagree with the argument used to get there

• Dissenting: the members of the court who disagree with the decision and the legal reasoning

Power of Supreme Court

• Through judicial review (Marbury v. Madison), Court has power to interpret the meaning of the Constitution

• Acts as important check on President, Congress, bureaucracy, and the states

Power of Supreme Court

• Checks on Supreme Court– Appellate, so can’t initiate process– No enforcement mechanism– Amendment– Public Opinion