How Do Justices Make Decisions? Models of Court Decision Making: Legal Model –Judges make decisions based on stare decisis (precedent) Attitudinal.

Slides:

Advertisements

Similar presentations

The Federal Courts Chapter 16.

Advertisements

The Federal Courts Chapter 16.

Chapter 14 Review. What is judicial review? The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional.

Case Closed: Processes and Decisions of the Supreme Court

FEDERAL COURT SYSTEM Chapter 16 p. 430.

The Supreme Court/ The Supreme Court at Work

Judicial Decision-Making Jamie Monogan University of Georgia October 15, 2014.

CH 10: The American Legal System and the Courts

Courts in the American Political System. Courts Serve a Number of Broad Functions  Interpretation of Statutory and Administrative Law  Development and.

STRUCTURE OF THE FEDERAL JUDICIARY Ryan D. Williamson 5 March 2015.

The Judicial Branch.

The Federal Courts Agenda Quiz Overview of the Judicial Court System

The Federal Courts Chapter 16. Levels of Federal Courts.

To Accompany Comprehensive, Alternate, and Texas Editions American Government: Roots and Reform, 10th edition Karen O’Connor and Larry J. Sabato  Pearson.

The Judiciary. Constitutional Underpinnings and Evolution  Basis of Power is Found in Article III Supreme Court Congress given power to create lower.

Influence Characteristics Federal Court System Selection How it works?

THE JUDICIARY. The Constitution and the National Judiciary Article III of the Constitution establishes: –a Supreme Court in which the judicial power of.

INFLUENCES AND DECISION MAKING The Judiciary. Structure Article III of the Constitution Judiciary Act of 1789 Role of Congress? Dual court system-U.S.

THE US SUPREME COURT March 10, ORIGINAL v APPELLATE (1.) A COURTS AUTHORITY TO HEAR AND RULE ON A CASE FIRST (2.) A COURT THAT HEARS A CASE AFTER.

The Supreme Court. Composition of the Court Judiciary Act of 1789 Six justices, including 1 Chief Justice Changed 6 times since Current number is 9 justices,

The Federal Judicial System: Applying the Law Chapter 14.

Government, Chapters 11 and 12 The Judicial Branch.

The Federal Courts Chapter 16. Supreme Court Denver’s District Court John Marshall.

Judiciary --Historical Development --Court System Structure --Operation of the Court System --Powers/Restraints on Powers of the Court 1.

The United States Supreme Court Part 1. Main Job The main job of the Justices is to hear and rule on cases to decide whether laws are allowable under.

Unit IV Part III The Judicial Branch. What is the primary goal of the federal courts?  “Equal Justice For All”  To treat every person the same.

The Judicial Branch. United States v other nations Only in the U.S. do judges play such a large role in policy-making. Judicial Review- the right of federal.

 1.) Three-tiered state court system: trial, appellate, supreme (differences between trial courts and appellate courts)  2.) Three-tiered federal court.

CHAPTER 11 AND 12 SUMMARY. Essential Question How does the Constitution define the powers of the federal courts, and how are the various courts related.

Ch 8 The Judicial Branch 8.4 Deciding Cases at the Supreme Court.

JUDICIAL RESTRAINT Definition Examples Picture Court Cases.

How Do Justices Make Decisions? Models of Court Decision Making: Legal Model –Judges make decisions based on stare decisis (precedent)

Political Aspects of the Court. Interpreting the Constitution Strict Construction – Problems? Original Intent – Problems? Living Constitution – Problems?

Judicial Branch preAP. Jurisdiction Jurisdiction –the authority to hear certain cases. The United States is a DUAL system: State courts have jurisdiction.

Chapter 15: The Federal Courts. The Federal Courts The legal system Federal courts The power of the Supreme Court: Judicial review Judicial power and.

Chapter 16 The Federal Courts. Article III: The Judicial Branch Job under Separation of Powers: Job under Separation of Powers: Interpret the Law Marbury.

100 The Judicial Branch Kinds Of Courts Court Terms The Supreme Court Decisions Round 2.

To Accompany Comprehensive, Alternate, and Texas Editions American Government: Roots and Reform, 10th edition Karen O’Connor and Larry J. Sabato  Pearson.

FEDERAL COURT SYSTEM Chapter 16 p I.DUAL COURT SYSTEM 51 Courts Virginia State Courts 1.General District Cts. a. misdemeanors small crimes 2.Circuit.

Supreme Court. Judicial Review Judicial review Judicial review power of a court to determine the constitutionality of a government action power of a court.

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON The Federal Court System 1 Section 2: The Supreme Court Objectives: Explain what Judicial Review is;

The Function of the Supreme Court

Article Three- The Judiciary

Unit 8 Judiciary.

The Judicial Branch.

The JUDICIAL BRANCH The Court System in the United States

The Federal Courts Chapter 16.

Government, Chapters 11 and 12

Deciding cases at the Supreme Court 8.4

The Federal Judicial System: Applying the Law

Read now… This half of the room read this article…

The Federal Courts Chapter 10.

Chapter 14 The US Supreme Court.

Deciding cases at the Supreme Court

The Court System Appeals.

 Chapter 9 The Judiciary

Judicial Activism vs. Judicial Restraint

The Judiciary Chapter 14.

The Federal Judiciary Chapter 10.

Bell Ringer: Write five questions you think may be on the test for chapter 7 Include the test question and the answer The questions can be ABC choice,

 Chapter 10 The Judiciary

The Federal Courts Chapter 16.

Chapter 10 The Judicial Branch.

Court Procedures The Supreme Court is not required to hear all cases presented before it and carefully chooses the cases it will consider. Section 4.

* All images of the Supreme Court and protests from Wikimedia Images.

Chapter 15.4 The Federal Judiciary Article III Short “Judgment”

Aim: What are the roles and responsibilities of the Judicial Branch?

Presentation transcript:

How Do Justices Make Decisions? Models of Court Decision Making: Legal Model –Judges make decisions based on stare decisis (precedent) Attitudinal Model –Judges make decisions based on their own policy preferences Rational Choice Model –Judges are utility maximizers

Supreme Court The U.S. Supreme Court grants certiorari to a very small number of cases every year –Rule of Four –Interest Groups and other political actors file amicus curae briefs with the Court Try to influence decision to grant cert (or not grant cert) Also try to influence the decision

Legal Model Consistent with “judicial restraint” Judges behave (grant certiorari, make decisions, etc.) based on legal precedent –Strict adherence to letter of the law Judges do not impose their own personal policy preferences

Attitudinal Model Consistent with “judicial activism” Judges behave based on their own personal policy preferences or ideology –When making a decision, judges are making comparisons between previous court decision under review and their own preferences

Attitudinal Model Decisions consistent with attitudinal model –Voting patterns consistent with policy preferences of justices Other political actors believe that judges behave attitudinally –President appoints like-minded justices –Senate more likely to reject nominees Supreme Court following public opinion –Replacement Theory

Rational Choice Models Judges act strategically in order to get preferred outcomes –Changing vote from original conference vote to final vote –Voting against policy preferences in order to get reelected (if elected judge) –Granting certiorari to cases so that the court will uphold preferred decisions

Landmark Court Cases Marbury v. Madison (1803) McCulloch v. Maryland (1819) Dredd Scott v. Sanford (1857) Plessey v. Ferguson (1896) Brown v. Board of Education of Topeka, Kansas (1954) Roe v. Wade (1973)