Judiciary Week 11 Chapter 12 in Wilson. Models of Judicial Roles Natural Law Model Natural Law Model Legal Rules Model Legal Rules Model.

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Judiciary Week 11 Chapter 12 in Wilson

Models of Judicial Roles Natural Law Model Natural Law Model Legal Rules Model Legal Rules Model

Models of Justice Characteristics Source/Standard Locus of Supremacy “Ideal” Judge Goal of Decision Vulnerability Strengths Natural Justice Community Morality Judiciary Experienced, Wise leaders Justice/Good policy Judicial Malpractice, bias, inconsistency, unresponsiveness, rigidity Flexible, punishment tailored to crime, “justice” is served

Characteristics Source/Standard Locus of Supremacy “Ideal” Judge Goal of Decision Vulnerability Strengths Legal Rules Law Texts People through representatives Legal Craftsmen Equal treatment and consistency Legislative or executive malpractice, rigid Equality, predictability Models of Justice

Characteristics Natural Justice Legal Rules Source/Standard Community Morality Law Texts Locus of Supremacy Judiciary People through representatives “Ideal” Judge Experienced, Wise leaders Legal Craftsmen Goal of Decision Justice/Good policy Equal treatment and consistency Vulnerability Judicial Malpractice, bias, inconsistency, unresponsiveness, rigidity Legislative or executive malpractice, rigid Strengths Flexible, punishment tailored to crime, “justice” is served Equality, predictability Models of Justice

Models of Judicial Roles Your preference? Natural Law Model? Legal Rules Model? American Balance? Legal Rules through the process Natural Justice in sentencing

Structure: US Federal Court System. US Supreme Court US Circuit Courts of Appeals 12 circuits US District Courts 94 districts

Our legal system: a road map Court of Primary Jurisdiction Court of Primary Jurisdiction District Court District Court Verdict Verdict Appeal Appeal Who can and why? Who can and why? Process, process, process Process, process, process Constitutionality of the law itself Constitutionality of the law itself Appeals Court Appeals Court Supreme court Supreme court

The Operation of the Supreme Court Appeals Appeals Briefs Briefs Writ of Certiorari Writ of Certiorari Law Clerks Law Clerks Rule of 4 Rule of 4 Friend of the Court Brief Friend of the Court Brief Oral arguments Oral arguments Opinion of the court – Majority Decision Opinion of the court – Majority Decision Concurring opinion Concurring opinion Dissenting opinion Dissenting opinion

Supreme Court Judicial Review Judicial Review Constitutional authority? Constitutional authority? Marbury v. Madison Marbury v. Madison How Judges Decide How Judges Decide The Politics of Judicial Appointments. The Politics of Judicial Appointments. Judicial Power Judicial Power Judicial Activism Judicial Activism Judicial Restraint. Judicial Restraint.

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