Chapter 13: The Courts

The Common Law Tradition American law stems from the English legal tradition of common law. Common law is judge-made law based initially on the prevailing custom and eventually on legal precedent. Common law is based on stare decisis, which means to stand on decided cases. American law stems from English legal tradition. Unlike many other countries, English law is based on common law. Common law is judge-made law based initially on the prevailing custom and eventually on legal precedent. Common law is based on stare decisis, which means to stand on decided cases. If a legal situation occurs that has previously been decided, the decision in the initial case is binding on the current situation. The major advantages to this type of system are efficiency and stability. Copyright © 2009 Cengage Learning

The Supreme Court Click on a picture to find out more information about that period in the Court’s history Copyright © 2009 Cengage Learning

Development of the Court’s Role in Government Judicial Review Marbury v. Madison National Supremacy Click to return to the timeline Supreme Court Historical Society Copyright © 2009 Cengage Learning

Civil War to the Great Depression Industrialization Court-Packing Plan Utah State Historical Society Click to return to the timeline Copyright © 2009 Cengage Learning

Click to return to the timeline The Warren Court (1953–1969) Click to return to the timeline Outlawed official racial segregation in public schools. Set strict national standards to protect the rights of criminal defendants. Required the equal apportionment of state legislatures and the House of Representatives. Ruled that prayers and Bible reading in public schools were unconstitutional. Copyright © 2009 Cengage Learning

Click to return to the timeline The Burger Court (1969–1986) Narrowed the reach of the Fourth Amendment’s protections against unreasonable search and seizure. Restored the death penalty. Most decisions shifted toward the conservative, yet, many of its decisions still protected individual liberties and minority groups. Click to return to the timeline Copyright © 2009 Cengage Learning

The Rehnquist Court (1986–2005) Click to return to the timeline By 1988, the Court shifted in a conservative direction, giving public school officials the right to censor school newspapers and plays, for example. The Court also made it more difficult for workers to sue employers for discrimination. Decisions were often hard to categorize, and the conservative did not always prevail. Copyright © 2009 Cengage Learning

Click to return to the timeline The Roberts Court Click to return to the timeline Copyright © 2009 Cengage Learning

Sources of American Law Constitutions Statutes and Administrative Regulations Case Law Copyright © 2009 Cengage Learning

The Federal Court System Basic Judicial Requirements The Constitution says that the federal courts have jurisdiction in cases that meet one of the following criteria: The case involves a federal question The case involves diversity of citizenship Standing to Sue Copyright © 2009 Cengage Learning

The Federal Court System Copyright © 2009 Cengage Learning

Types of Federal Courts U.S. District Courts U.S. Courts of Appeals The United States Supreme Court Specialized Federal Courts and the War on Terrorism The FISA Court Alien “Removal Courts” Copyright © 2009 Cengage Learning

Geographic Boundaries of Federal District Courts and Circuit Courts of Appeals Copyright © 2009 Cengage Learning

Parties and Procedures Plaintiff Defendant Litigate Plaintiff, the person or organization that initiates a lawsuit. Defendant, the person or organization against whom the lawsuit is brought. Litigate, to engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit. © Paul Conklin /PhotoEdit Copyright © 2009 Cengage Learning

Parties and Procedures (cont.) Amicus Curiae brief Procedural Rules Civil contempt Criminal contempt Amicus Curiae brief, a brief (a document containing a legal argument supporting a desired outcome in a particular case) filed by a third party, or amicus curiae (Latin for “friend of the court”), who is not directly involved in the litigation but who has an interest in the outcome of the case. Civil contempt is failing to comply with a court’s order for the benefit of another party. Criminal contempt is obstructing the administration of justice or bringing the court into disrespect. Copyright © 2009 Cengage Learning

The Supreme Court Copyright © 2009 Cengage Learning © Lester Lefkowitz /Corbis Copyright © 2009 Cengage Learning

Which Cases Reach the Supreme Court? When two lower courts are in disagreement When a lower court’s ruling conflicts with an existing Supreme Court ruling When a case has broad significance (as in desegregation or abortion decisions) When a state court has decided a substantial federal question Copyright © 2009 Cengage Learning

Which Cases Reach the Supreme Court? (cont.) When the highest state court holds a federal law invalid, or upholds a state law that has been challenged as violating a federal law When a federal court holds an act of Congress unconstitutional When the solicitor general is pressuring the Court to hear a case Copyright © 2009 Cengage Learning

Federal and State Court Systems The arrows indicate the primary avenues of appeal, and the heads indicate the usual number of judges who hear cases in the federal system. Copyright © 2009 Cengage Learning

Cases Before the Court Granting Petitions for Review. Review is granted by a writ of certiorari. To issue a writ, a minimum of four justices must agree that the case should be heard by the Supreme Court (the “rule of four”). Copyright © 2009 Cengage Learning

Deciding Cases Once the Court has decided to accept a case, both parties in the case will submit legal briefs and (usually) make oral arguments. If the Court is unanimous in the ruling, one justice will be assigned to write the opinion of the Court. If the justices are divided on the reasoning of the outcome, there will be a majority opinion and dissenting opinions. Copyright © 2009 Cengage Learning

The Selection of Federal Judges Judicial Appointments Federal District Court Judgeship Nominations Federal Courts of Appeals Appointments Supreme Court Appointments Partisanship and Judicial Appointments The Senate’s Role Copyright © 2009 Cengage Learning

Copyright © 2009 Cengage Learning Collection, The Supreme Court Historical Society, photograph by Steve Petteway, Supreme Court Copyright © 2009 Cengage Learning

The Judiciary: Appointments to the Bench Click the icon to open the movie Copyright © 2009 Cengage Learning

Questions How can the legislature check the judicial branch? Are these checks a positive aspect of our democracy, or do they weaken the judicial branch so that it can no longer work effectively? Copyright © 2009 Cengage Learning

Policymaking and the Courts Judicial Review Judicial Activism and Judicial Restraint Strict Construction Broad Construction Judicial Review: the power of the courts to determine whether a law or action by the other branches of government is constitutional Strict construction, a judicial philosophy that looks to the “letter of the law” when interpreting the Constitution or a particular statute. Broad construction, a judicial philosophy that looks to the context and purpose of a law when making an interpretation. Copyright © 2009 Cengage Learning

Ideology and the Courts The ideology of the justices determines the kinds of policy that the courts will make. Lynn Johnson/Aurora Photos Copyright © 2009 Cengage Learning

What Checks Our Courts? Executive Checks Legislative Checks Constitutional amendments Revision of laws Public Opinion The president has the power to enforce judicial decisions through the use of the bureaucracy. In rare cases a president may refuse to implement a decision. More frequently, presidents use their power of appointment to check the judiciary. Copyright © 2009 Cengage Learning

Judicial Traditions and Doctrines To a certain extent, the courts also check themselves Hypothetical and Political Questions The Impact of the Lower Courts Copyright © 2009 Cengage Learning

Criminal Justice in America Copyright © 2009 Cengage Learning

A Profile of Crime in America Crime Offenses Estimated Number of Crimes Rate per 100,000 Inhabitants Total 11,695,264 3,982.6 Violent 1,367,009 465.5 Property 10,328,255 3,517.1 Murder 16,137 5.5 Forcible Rape 94,635 32.2 Robbery 401,326 136.7 Aggravated Assault 854,911 291.1 Burglary 2,143,456 729.9 Larceny-theft 6,947,685 2,356.9 Auto theft 1,237,114 421.3 Arson 63,215 48.8 A Profile of Crime in America SOURCE: Adapted from Crime in the United States 2004, Uniform Crime Reports, Federal Bureau of Investigation, tables 1, 2.30, and 2.31. Copyright © 2009 Cengage Learning

Crime Clocks 2003 www.fbi.gov/ucr/cius_04/summary/crime_clock/index.html Copyright © 2009 Cengage Learning

Death and Guns Around the World Gun Deaths Country Population 2 New Zealand 3,3547,983 15 Japan 125,449,703 30 Great Britain 58,489,975 106 Canada 28,820,671 213 Germany 83,536,115 9,390 United States 265,562,845 The high rate of deaths from guns in the United States is not reflected in many other countries, as these numbers show. The statistics are for gun deaths in one year. Source: Center to Prevent Handgun Violence. Data for 1996. Copyright © 2009 Cengage Learning

The Prisons Overcrowding Riots Attica, 1971 © 2004 AP/Wide World Photos Copyright © 2009 Cengage Learning

The Police Often underpaid, police forces have to fight crime, enforce the law, keep the peace, and provide a variety of services to the community. Most people are supportive of the police, but scandals have led to problems. Copyright © 2009 Cengage Learning

Crime and Law Enforcement Copyright © 2009 Cengage Learning

The FBI Jurisdiction is the suspected violation of federal law Led by J. Edgar Hoover for 48 years Controversial use of power © Yoichi Okomoto/Photo Researchers, Inc. Copyright © 2009 Cengage Learning

The Criminal Courts Plea Bargaining Court Delay Bail Reform The Trial Copyright © 2009 Cengage Learning

Capital Punishment: Public Support for the Death Penalty Copyright © 2009 Cengage Learning

Organized Crime 1970 Racketeer Influenced and Corrupt Organizations Act (RICO) John Gotti’s conviction in 1992 © Ezio Petersen /Corbis Copyright © 2009 Cengage Learning

Justice and the American Political System Although each specific case decided by the Supreme Court may affect only one person directly, the Court’s rulings often affect society as a whole. Copyright © 2009 Cengage Learning

Questions for Critical Thinking Why do laws exist? What happens if someone violates the law? What if the law is not fair or just? Who makes the law? Should judges be making policy? Since they are not elected, is it dangerous for those who do not face the public scrutiny in any meaningful way to directly make policy? Copyright © 2009 Cengage Learning

Questions for Critical Thinking What checks do the executive and the legislature have on the judiciary? Does the bureaucracy have any checks? Does the public? Copyright © 2009 Cengage Learning

Web Links Supreme Court of the United States U.S. Courts FindLaw www.supremecourtus.gov This is the Supreme Court’s official site, with decisions and opinions posted the day they are announced. www.uscourts.gov The home page of the federal courts is a good starting point for learning about the federal court system in general. At this site, you can even follow the “path” of a case as it moves through the federal court system. www.findlaw.com You can access Supreme Court cases since 1970 at Find Law's site. Copyright © 2009 Cengage Learning