Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Chapter 14: The Judiciary  Understanding the Federal Judiciary  Three Types of Federal Courts  Politics of Appointing Judges  How the Supreme Court Decides  Judicial Power and Its Limits

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objective Understanding the Federal Judiciary LO 14.1 Determine characteristics of the federal judiciary and implications of the adversarial process. The Three Types of Federal Courts LO 14.2 Outline the structure of the federal court system. Politics of Appointing Judges LO 14.3 Analyze the factors that play an important role in selecting judicial nominees.

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objective How the Supreme Court Decides LO 14.4 Trace the process by which Supreme Court decisions are reached, and assess influences on this process. Judicial Power and Its Limits LO 14.5 Assess the limits on judicial action and the role of the judiciary in a constitutional democracy.

Understanding the Federal Judiciary LO 14.1 Determine characteristics of the federal judiciary and implications of the adversarial process. Characteristics Appointed by president, confirmed by Senate Judicial review Adversary system Criminal law Civil law LO 14.1 Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Understanding the Federal Judiciary Differences Between Civil and Criminal Law Civil Penalties are predominantly monetary No right to government- provided attorney No constitutional right to a jury Criminal Person’s liberty is at stake Criminal defendants who cannot afford attorneys are provided one by the government Defendants have the right to a jury LO 14.1 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Understanding the Federal Judiciary Cases and Controversies Justiciable disputes Standing to sue Reluctant to hear disputes on powers the constitution explicitly assigns the other branches Resists intervening in foreign policy questions Resists intervening in economic questions LO 14.1 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Understanding the Federal Judiciary Prosecuting Cases U.S. attorney general Solicitor general Public defender system LO 14.1 Back to learning objectives

The Three Types of Federal Courts LO 14.2 Outline the structure of the federal court system. Three Types of Federal Courts Supreme Court 13 Circuit Courts of Appeals 94 District Courts LO 14.2 Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Judicial Federalism State courts Split similarly to federal – trial and appellate Hear most cases – 90 million civil and criminal cases annually Primarily interpret state constitution and law Writ of habeas corpus The Three Types of Federal Courts LO 14.2 Back to learning objectives

LO 14.2 Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 14.2 Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

The Politics of Appointing Judges LO 14.3 Analyze the factors that play an important role in selecting judicial nominees. Appointing Judges Washington precedents Political and ideological allies Every state was represented somewhere Initial choices Senatorial courtesy Senate advice and consent LO 14.3 Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Important Criteria Role of race and gender Role of ideology Role of judicial philosophy Judicial activism Judicial restraint Politics of Appointing Judges LO 14.3 Back to learning objectives

LO 14.3 Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

How the Supreme Court Decides LO 14.4 Trace the process by which Supreme Court decisions are reached, and assess influences on this process. Supreme Court Decisions Eight Steps To Judgment Reviewing Appeals Granting the Appeal Briefing the Case Oral Arguments Meeting in Conference Explaining the Decision Writing the Opinion Releasing the Opinion LO 14.4 Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Influences on Decisions Chief Justice Law Clerks Solicitor General Citizens and Interested Parties After the Court Decides How the Supreme Court Decides LO 14.4 Back to learning objectives

LO 14.4 Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 14.4 Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Judicial Power and Its Limits LO 14.5 Assess the limits on judicial action and the role of the judiciary in a constitutional democracy. Limits to Judicial Power Adherence to Precedent Stare decisis Congressional and Presidential Action Packing the Court Changing Jurisdiction LO 14.5 Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

The ___ represents the government in the Supreme Court. A.Attorney general B.Solicitor general C.U.S. attorney D.Assistant U.S. attorney LO 14.1 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman The ___ represents the government in the Supreme Court. A.Attorney general B.Solicitor general C.U.S. attorney D.Assistant U.S. attorney LO 14.1 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Which court is the court of last resort? A.State supreme court B.District court C.Circuit court of appeal D.Supreme Court LO 14.2 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Which court is the court of last resort? A.State supreme court B.District court C.Circuit court of appeal D.Supreme Court LO 14.2 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Which criteria matter most for presidents? A.Race B.Gender C.Ideology D.Judicial philosophy LO 14.3 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Which criteria matter most for presidents? A.Race B.Gender C.Ideology D.Judicial philosophy LO 14.3 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman The solicitor general has the most influence in ___. A.Briefing the case B.Oral arguments C.Conference D.All of the above LO 14.4 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman A.Briefing the case B.Oral arguments C.Conference D.All of the above The solicitor general has the most influence in ___. LO 14.4 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman ____ means let the decision stand. A.Amicus curiae B.Writ of certiorari C.Writ of habeas corpus D.Stare decisis LO 14.5 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman ____ means let the decision stand. A.Amicus curiae B.Writ of certiorari C.Writ of habeas corpus D.Stare decisis LO 14.5 Back to learning objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Text Credits 390: From “Obama More Popular Abroad Than at Home, Global Image of U.S. Continues to Benefit” July 2010, by Pew Global Attitudes Project. Copyright (c) 2010 by Pew Global Attitudes Project, a project of the Pew Research Center. Reprinted with permission.

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