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Copyright © 2008 The McGraw-Hill Companies Inc. Permission Required for Reproduction or Display. The Federal Judicial System: Applying the Law Chapter 14

Copyright © 2008 The McGraw-Hill Companies Inc. Permission Required for Reproduction or Display. Federal Judicial System The Supreme Court of the United States The Supreme Court of the United States Selecting cases Selecting cases Deciding cases Deciding cases Issuing decisions and opinions Issuing decisions and opinions majority majority plurality plurality concurring concurring dissenting dissenting

Copyright © 2008 The McGraw-Hill Companies Inc. Permission Required for Reproduction or Display. Figure 14-2

Copyright © 2008 The McGraw-Hill Companies Inc. Permission Required for Reproduction or Display. Federal Judicial System Other Federal Courts Other Federal Courts U. S. District Courts U. S. District Courts U. S. Court of Appeals U. S. Court of Appeals Special U. S. Courts Special U. S. Courts The State Courts The State Courts

Copyright © 2008 The McGraw-Hill Companies Inc. Permission Required for Reproduction or Display. Federal Court Appointees Selecting Supreme Court Justices and Federal Judges Selecting Supreme Court Justices and Federal Judges Supreme Court nominees Supreme Court nominees Lower court nominees Lower court nominees

Copyright © 2008 The McGraw-Hill Companies Inc. Permission Required for Reproduction or Display. Federal Court Appointees Justices and Judges as Political Officials Justices and Judges as Political Officials Role of partisanship Role of partisanship Other characteristics of judicial appointees Other characteristics of judicial appointees

Copyright © 2008 The McGraw-Hill Companies Inc. Permission Required for Reproduction or Display. Judicial Decision Making The Constraints of the Facts The Constraints of the Facts The Constraints of the Law The Constraints of the Law Constitution and interpretation Constitution and interpretation Statutes and interpretation Statutes and interpretation Legal precedents and interpretation Legal precedents and interpretation

Copyright © 2008 The McGraw-Hill Companies Inc. Permission Required for Reproduction or Display. Political Influences on Judicial Decisions Outside Influences on Court Decisions Outside Influences on Court Decisions Organized groups Organized groups Congress Congress President President Elected institutions Elected institutions

Copyright © 2008 The McGraw-Hill Companies Inc. Permission Required for Reproduction or Display. Political Influences on Judicial Decisions Inside Influences: Inside Influences: The Justices’ Own Political Beliefs The Justices’ Own Political Beliefs

Copyright © 2008 The McGraw-Hill Companies Inc. Permission Required for Reproduction or Display. Judicial Power and Democratic Government The Debate over the Proper Role of the Judiciary The Debate over the Proper Role of the Judiciary Doctrine of Judicial Restraint Doctrine of Judicial Restraint Doctrine of Judicial Activism Doctrine of Judicial Activism The Judiciary’s Proper Role: The Judiciary’s Proper Role: A Question of Competing Values A Question of Competing Values