1. Prentice Hall PoliticalScienceInteractive
Magleby et al.
Government by the People
Chapter 14
The Judiciary: The Balancing Branch
Copyright 2006 Prentice Hall

2. Adversarial Proceedings
The Adversarial System
Judges serve as relatively passive and detached referees who do not argue with attorneys or challenge evidence
The Inquisitorial System
Judges take an active role in discovering and evaluating evidence, will question witnesses and intervene as deemed necessary
Copyright 2006 Prentice Hall

3. The Scope of Judicial Power
Judicial power is passive and reactive
Power only to decide judicial disputes
Political Questions
A dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to Congress or the president; Judges refuse to answer constitutional questions that they declare are political
Copyright 2006 Prentice Hall

4. Judicial Federalism: State and Federal Courts
Dual court system
Two court systems, state and federal, exist and operate at the same time in the same geographic areas
Copyright 2006 Prentice Hall

5. The Federal Judicial System
Article III (Constitutional) Versus Article I (Legislative) Courts
Original Jurisdiction The authority of a court to hear a case “in the first instance”
Appellate Jurisdiction The authority of a court to review decisions made by lower courts
Copyright 2006 Prentice Hall

6. District Courts
District courts hear more than 270,000 civil cases and 67,000 criminal cases annually
Use both grand juries and petit juries
District judges are appointed by the president, subject to confirmation by the Senate, and hold office for life
Copyright 2006 Prentice Hall

7. The Eleven U.S. Circuit Court of Appeals
The Courts of Appeals
The Eleven U.S. Circuit Court of Appeals
Copyright 2006 Prentice Hall

8. Senate: Advice and Consent
Senate Confirmation Hearings
Except for Robert Bork, most judicial nominees have refused to answer questions that might reveal how they would decide a case
Copyright 2006 Prentice Hall

9. People & Politics: Justice Sandra Day O’Connor
The first woman to serve on the Supreme Court
Appointed by Ronald Reagan in 1981
Instrumental in preserving the constitutional right to an abortion
Copyright 2006 Prentice Hall

10. The Role of Judicial Philosophy
Copyright 2006 Prentice Hall

11. Is judicial policymaking undemocratic?
Do Judges Make Law?
Is judicial policymaking undemocratic?
Copyright 2006 Prentice Hall

12. Adherence to Precedent
Stare Decisis
The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented
Copyright 2006 Prentice Hall

13. Reform of the Selection Process
The lengthy and embattled confirmation hearings of Robert Bork and Clarence Thomas led many to ask if the confirmation process was in need of reform
Copyright 2006 Prentice Hall

14. The Supreme Court and How it Operates
Copyright 2006 Prentice Hall

15. The Powers of the Chief Justice
Appointed by the president upon confirmation by the Senate
Responsible for assigning judges to committees, responding to proposed legislation that affects the judiciary, and delivering the annual Report on the State of the Judiciary
Former Chief Justice William H. Rehnquist
Copyright 2006 Prentice Hall

16. Which Cases Reach the Supreme Court?
Copyright 2006 Prentice Hall

17. How the Supreme Court Operates
Copyright 2006 Prentice Hall

18. Caseloads in Federal Courts
Copyright 2006 Prentice Hall