Unit 4 Judicial Branch. Discuss this quote: “…a free court is a court where a judge is at liberty to express his views and exercise his own discretion…without.

Slides:



Advertisements
Similar presentations
The Federal Courts Chapter 16.
Advertisements

The Federal Courts Chapter 16.
The Federal Courts.
Chapter Fourteen The Courts. Copyright © Houghton Mifflin Company. All rights reserved National Judicial Supremacy: The Role of the Courts in American.
The Federal Courts and the Judicial Branch Section 1 at a Glance The Federal Court System The United States has a dual court system. The Judiciary Act.
Chapter 18.1 The National Judiciary
Judicial Branch.
The Federal Court System
The Federal Courts Agenda Quiz Overview of the Judicial Court System
The Judicial Branch Federal Courts Today in Class Take out your quick and dirty notes (homework from last night) Take your phone and sign on to socrative.com.
The Federal Court System
The Federal Court System Section 1 The Federal Courts and the Judicial Branch Chapter 8.
“Interpreting” the law
The Judiciary Term of Office Life. Roots of the Federal Judiciary not much time spent on Article III Framers saw little threat of tyranny by judiciary.
Unit 4 Judicial Branch. IV. Institutions of National Government: The Congress, the Presidency, the Bureaucracy, and the Federal Courts 35–45% A. The major.
Judicial Branch Test Review. Supreme Court What is the highest court in the Country?
The Judicial Branch A Review.
Influence Characteristics Federal Court System Selection How it works?
APGOPO review #1 Federal Court System. The Federal Court System- I. Four Characteristics a. Adversarial 1. Impartial Arbiter=Judge 2.The PLAINTIFF 3.
The Judiciary Chapter 10- The Judiciary. Federal Judiciary Act of 1789 O Established the basic 3 step federal court system. 3. Supreme Court 2. Appellate.
AP U.S. GOVERNMENT & POLITICS - Judiciary The Judiciary.
The Federal Courts Unit 6 – Chapter 20 “Without them (federal judges) the Constitution would be a dead letter” Alexis de Tocqueville.
The Federal Court System Chapter 18. Section 1: The National Judiciary The Creation of a National Judiciary Articles of Confederation  no national courts.
The Structure of the Federal Courts. Structure of the Federal Courts What does the Constitution say in Article III? Provides for Supreme Court Specifies.
The Federal Court System
Chapter 14: The National Judiciary. Creation Called for by Alexander Hamilton in Federalist Paper #22. Article III, Section I: The judicial Power of the.
 Is the authority of the courts to hear certain cases  Under Constitution, federal courts have jurisdiction in cases regarding › Federal law › Treaties.
Chapter 10- The Judicial Branch. JUDICIAL BRANCH  The Judicial Branch was created to help balance the powers of the other two branches.  It played a.
Chapter 18 The Federal Court System. National Judiciary The Judicial power of the United States shall be vested in one Supreme Court, and in such inferior.
The Judiciary Continuing with institutions of government.
Judicial Branch preAP. Jurisdiction Jurisdiction –the authority to hear certain cases. The United States is a DUAL system: State courts have jurisdiction.
Chapter 16 The Federal Courts. Article III: The Judicial Branch Job under Separation of Powers: Job under Separation of Powers: Interpret the Law Marbury.
Foundations of United States Citizenship Lesson 5, Chapter 6, U.S. National Government 1 What is the function of the judicial branch? Federal courts make.
I. Characteristics of the Federal Courts System A. Adversarial B. Passive C Jurisdiction 1. A court provides an arena for two parties to bring their conflicts.
Judicial Branch Interpret the Laws Uphold the Constitution Judicial Review- the power of the Supreme Court to review laws and acts and declare them unconstitutional.
Magruder’s American Government
Chapter 16. The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating one.
The Federal Courts The Judiciary.
Chapter 10- The Judiciary
The Federal Court System
Unit 4: Law & the Legal System
The Federal Court System
Judicial Branch Interpret the Laws.
Two basic kinds of cases…
The Federal Courts Chapter 19.
The Courts & the Judicial Branch
The Federal Judicial System: Applying the Law
Chapter 8 Section 1 Mr. Gordon.
The Federal Court System Chapter 11
The National Judiciary
Chapter 18 Judicial Branch.
The Judiciary Chapter 14.
The Federal Courts.
The Federal Court System
The Federal Court System
The Federal Courts.
Welcome! Today is Thursday, March 29, 2018
Unit 2: Interactions Among Branches of Government
The Federal Courts Chapter 16.
Chapter 10 The Judicial Branch.
The Judicial Branch.
Chapter 15.4 The Federal Judiciary Article III Short “Judgment”
How should we handle conflict?
Federal and State Courts Notes
The Federal Courts Chapter 16.
The Federal Court System
The Federal Courts Chapter 16.
Aim: What are the roles and responsibilities of the Judicial Branch?
The Federal Court System
Presentation transcript:

Unit 4 Judicial Branch

Discuss this quote: “…a free court is a court where a judge is at liberty to express his views and exercise his own discretion…without any coercion or pressure from anyone. That is liberty, and that is what America stands for.” Federal Judge Waties Waring,

Federal Court System I.Characteristics A.Adversarial 1.Plaintiff brings a charge 2.Defendant is the one being charges B. Passive 1. Federal judges are restrained by the Constitution to deciding ACTUAL disputes or cases 2. depends on others to take the initiative. C. Jurisdiction 1. court’s authority to hear a case 2. types of jurisdiction

a. Original jurisdiction – courts in which a case is 1 st heard b. Appellate jurisdiction – courts that hear cases brought to them on appeal from lower courts c. exclusive jurisdiction – cases that can be heard only in certain courts d. concurrent jurisdiction – cases that can be heard in either federal or state court

D. A complex dual court system 1. 2 separate court systems 2. Each state has its own system of courts.state over 97% of all criminal cases are heard in state and local courts 3. Federal judiciary system spans the entire country.

Two Levels of Law (Dual Court System) State CourtsFederal Courts Deal with state laws Three levels Trial courts Appellate courts (aka courts of appeal) State supreme court (aka court of final appeal) Cases may be appealed to the USSC if a federal or constitutional issue is involved Original jurisdiction over federal issues – Federal laws – Constitutional issues – Resident of one state v resident of another state – Treaties – Maritime issues – Foreign govt is involved – US govt is involved Three levels a. Trial court (aka District Court) b. Appellate court (aka Court of Appeals) c. Supreme Court (aka Court of Final Appeal)

The Federal Court System A. The Constitution – 1. Supreme Court is the only court mentioned in the constitution. – 2. Congress has the power to create all other courts B. The Judiciary Act of 1789 – 1. established 3 tiered structure of federal courts – Set the size of the Supreme Court at 6 justices; it was later expanded to 9 in 1869

C. District Courts 1. Currently 94 district courts staffed by about 700 judges. – Each state has at least 1 2. District courts handle 300,000+ cases a year or about 80% of the federal caseload 3. Most cases end in a plea bargain – Only about 2% go to trial

D. Courts of Appeals 1. appellate courts authorized to review district court decisions – Empowered to rule on decisions of federal regulatory agencies such as the FCC Do not hold trials or hear testimony

The Supreme Court America’s “court of last resort.” Reviews cases from the US courts of appeals and state supreme courts Final arbiter of the Constitution – Decisions establish precedents that are binding on the entire nation Marbury vs. Madison – Established judicial review – Judicial review: the power of the Supreme Court to declare federal legislation invalid if it violates the Constitution

Structure of the Courts

III. The Selection of Judges A.The Lower Courts 1.Appointed by the president and confirmed by a majority vote of the Senate 2.Senatorial courtesy: unwritten tradition – the Senate will not confirm nominations for lower court positions that are opposed by a senator of the president’s own party from the state in which the nominee is to serve

Robert Bork and Anita Hill Nominated to the Supreme Court in 1987 Views of Constitution seemed Controversial Rejected by Senate Clarence Thomas nominate to SC in 1991 Hill was an associate of Thomas; accused him of sexual harassment in confirmation hearings

B. The Supreme Court 1.Nomination criteria a.Competence – credentials including prior judicial or governmental experience b.Ideology & policy preference – expected to share the president’s policy preferences i.Example: FDR appointed justices who supported New Deal programs ii.Reagan appointed justices sympathetic to conservative goals

B. The Supreme Court (cont’d) c.Race, ethnicity and gender 2. confirmation process a.names of possible nominees sent to FBI for background check & to ABA for professional rating b.Interest groups increasingly important i.Public protest ii.Appearances on TV & radio talk shows iii. s to senators c.Senate Judiciary committee hold public hearing on each nominee i.Recommendation to the full Senate

Activism vs. Restraint Judicial restraint: judges' own philosophies or policy preferences should not be injected into the law – whenever reasonably possible construe the law so as to avoid second guessing the policy decisions made by other governmental institutions – based on the concept that judges have no popular mandate to act as policy makers and should defer to the decisions of the elected "political" branches – so long as these policymakers stay within the limits of their powers as defined by the US Constitution and the constitutions of the several states. Judicial activism: seeks to determine what is "just," not necessarily what is intended by law – the U.S. Constitution is a living, dynamic document which must necessarily be interpreted to meet the needs of modern times.