1.  Chapter 10 The Judiciary
To Accompany Comprehensive, Alternate, and Texas Editions
American Government: Roots and Reform, 10th edition
Karen O’Connor and Larry J. Sabato
 Pearson Education, 2009

2. Roots of the Federal Judiciary
Hamilton called it “the least dangerous branch.”
Little on the judiciary in the constitution.
Creates high Court, Congress establishes others.
Judges have life tenure with good behavior.
Congress can alter the Court’s jurisdiction.
Constitution is silent on judicial review.

3. Judiciary Act of 1789 Established three-tiered federal court system.
Can appeal through the system.
Federal district courts at the bottom.
Courts of appeals in the middle.
U.S. Supreme Court at the top.
Court had little power, few wanted to serve.

4. The Marshall Court Chief Justice John Marshall gave Court prestige.
Discontinued practice of seriatim.
Established power over states in McCulloch (1819).
Established judicial review in Marbury v. Madison (1803).

5. American Legal System A court must have jurisdiction to hear a case.
Jurisdiction can be original or appellate.
Cases can be criminal or civil.
Most courts are constitutional courts.
Specialized legislative courts may also be created.

6. District Courts Trial courts of original jurisdiction.
At least one per state.
Cases involve federal government or question.
Also citizens from two states if over $75,000.
Cases decided by a single judge (possibly with jury).

7. Courts of Appeals Appellate courts with no original jurisdiction.
Cases decided by three-judge panels.
Cases are appeals from district courts or agencies.
Correct errors of procedure or law.
Submit a brief to have a case heard.
Decisions set a precedent for only that circuit.
Judges may abide by stare decisis.

8. Supreme Court Appellate and original jurisdiction.
Ensures uniform interpretation of laws.
Maintains national supremacy.
Nine justices hear decisions en banc.

9. Selecting Federal Judges
President makes appointments.
Use of senatorial courtesy.
Competence; use of ABA ratings.
Ideology or policy preferences.
Rewards or political support.
Religion, race, ethnicity, and gender.

10. Supreme Court Confirmation
List of potential nominees sent to FBI and ABA.
Candidates investigated and rated.
Interest groups mobilize lobbying efforts.
Senate holds committee hearings.
Full Senate votes on nominee.

11. Deciding to Hear a Case Works hard for privacy and decorum.
Receives many more cases than it can hear.
Interested parties file a writ of certiorari.
Court decides to hear case using Rule of Four.
Clerks play key role throughout process.

12. Factors Influencing Review
Solicitor general asking for review.
Solicitor general files amicus brief.
Conflict among the courts of appeals.
Case presents civil rights or liberties question.
Case involves policy preferences of the justices.
Interest group participation.

13. Hearing and Deciding the Case
Amicus briefs may be submitted beforehand.
Oral arguments generally last one hour.
Solicitor general may also appear.
Oral argument provides chance to ask questions.
Meet in closed conference to discuss and vote.
Opinion written and circulated.
Concurring or dissenting opinions may also be filed.

14. Judicial Decision Making
Judicial activism versus judicial restraint.
Loose or strict construction of the constitution?
Behavioral, attitudinal, and strategic models.
Role of public opinion.

15. Judicial Policy Making
All judges make policy.
Court can declare laws unconstitutional.
Court can overrule itself.
Judicial implementation can be a challenge.

16. AV- Who Is Appointed? 
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17. Figure 10.1- American Court System
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18. Figure 10.2- Federal Court System
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19. Figure 10.3- Supreme Court Caseload
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20. Figure 10.4- Supreme Court Process
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21. Table 10.1- Supreme Court Jurisdiction
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22. Table 10.2- Presidential Impact
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23. Table 10.3- District Court Appointees
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24. Table 10.4- The Supreme Court
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25. Table 10.5- Interest Group Participation
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26. Table 10.6- Supreme Court Knowledge
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27. Table 10.7- What Do Clerks Do?
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28. Table 10.8- Amicus Curiae Briefs
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29. Table 10.9- Role of Public Opinion
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30. Jurisdiction
Authority vested in a particular court to hear and decide the issuers in any particular case
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31. Judicial Review
Power of the courts to review acts of other branches of government and the states.
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32. Court System
Judicial branches of the federal and state governments charged with the application and interpretation of the law.
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33. Individual opinions delivered by each justice.
seriatim
Individual opinions delivered by each justice.
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34. McCulloch v. Maryland
Supreme Court upheld the power of the national government and denied the right of the a state to tax the bank
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35. Marbury v. Madision
The Supreme Court first asserted the power of judicial review in the finding that the congress overstepped its bounds by saying the Supreme Court was inappropriate in allowing
a New President from inacting appointments of his predecessor for federal courts.
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36. Original or Appellate Jurisdiction
The powers of the original court to hold a trial and the appellate jurisdiction is the power of the appellate court to review and revise (if necessary) the decision of the original (lower) court.
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37. Criminal or Civil cases
Civil law is related to business and contractual relationships between groups and individuals
Criminal law is related to protection of property and individual safety.
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38. Constitutional Courts
Federal Courts created by the Constitution or by Congress
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39. Legislative Courts
Courts established by Congress for specialized purposes, such as the Court of Military Appeals
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40. Trial Courts
Courts of original jurisdiction. Where the trial actually begins.
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41. Appellate Courts
Courts that generally review only findings of law made by lower courts.
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42. Brief
A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial
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43. Precedent
Prior judicial decision that serves as a rule for settling future cases that are similar
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44. Stare decisis
Courts will use past decisions or precedents to make new decisions in new cases
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45. En Banc
Case to be heard before all judges of that court
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46. Senatorial Courtesy
Before Presidents nominate district court judges they will ask the senior senator, of their own party, to make a choice.
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47. Competence
To be able to complete a job properly
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48. Writ of Certiorari
A request for a Court to order up the records from a lower court to review the case
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49. Rule of Four
At least four Supreme Court judges must vote to consider a case before it can be heard.
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50. Solicitor General
The appointed lawyer who will address cases pertinent to the US Government. They are appointed by the President
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51. Amicus brief
A brief written for the court on the behalf of a particular by a person not directly involved in the case but is interested in the findings.
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52. Judicial Activism
The philosophy that judges should use their power broadly to further justice
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53. Judicial Restraint
The philosophy that argues that courts should allow the decisions of other branches of government to stand even if they offend the judge.
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54. Public opinion
What the public thinks.
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55. Judicial Implementation
How judicial decisions are put into public policies affecting more than the original parties of the lawsuit.
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