1. US Politics
The Judiciary

2. Overview Sources of American Law The Federal Court System
Judicial Process and the
Supreme Court
Checks and Balances

3. Sources of American Law
Common-Law tradition
Judge based
stare decisis (precedent)
judges bound to respect rulings of prior judges in similar cases

4. Sources of American Law
Constitution
Federal and State
Statutes and Administrative Regulations
Case Law
previous decisions and interpretations of law

5. Federal Court System Federal System has a three tiered structure:
District Courts (94)
trial courts: they determine the facts of the case
general jurisdiction
limited jurisdiction
(e.g., Bankruptcy Courts, Claims Court, Veterans Appeals, Tax)

6. Federal Court System Appeals Courts (Circuit Courts)
13 federal appeals courts
appellate court
doesn’t determine the “facts” of the case
determines whether the rules and procedures were followed correctly

7. Federal Court System
+ one federal court = 13 Courts of Appeals

8. Number of Justices/Court11 16 13 28 6 14 12 15 12 17 12
Federal Court Circuit has 12

9. Federal Court System
Selection of Justices is based on presidential nomination, followed by “advice and consent” of Senate
The lower level federal courts operate on basis of “senatorial courtesy” whereby the the ranking senator in the state in which the justice will be seated submits acceptable nominee list to president
As go higher up the system, more involvement from the president and greater scrutiny by the Senate

10. Federal Court System US Supreme Court highest court in the land
has some original jurisdiction
primarily appelate court

11. Federal Court System Supreme Court 9 Justices
Appointed by President with advice and consent of the Senate
Lifetime appointment pending good behavior

12. Clarence Thomas (GHW. Bush; 1981 David Souter (GHW Bush; 1990)
John Paul Stevens
(Ford; 1975)
Antonin Scalia
(Reagan, 1986)
John Roberts
(GW Bush; 2005)
Anthony
Kennedy
(Reagan; 1988)
Clarence Thomas (GHW. Bush; 1981
David Souter
(GHW Bush; 1990)
Ruth Bader Ginsberg
(Clinton; 1993)
Stephen Breyer
(Clinton; 1994)
Samual Alito
(GW Bush; 2006)

13. Court of Appeals for Federal Circuit
Supreme Court
State
Supreme
Court
Court of Appeals for Federal Circuit
State
Appellate
Courts
State Trial
Courts
District Courts and
other trial courts

14. Judicial Process: Terminology
Parties to the lawsuit:
plaintiff: party initiating the suit
defendant: party that is target of the suit
Standing
having a sufficient “stake” in the matter to warrant bringing the suit
Litigate
to engage in a legal proceeding; that is bring to trial

15. Judicial Process
Plaintiff files application to Supreme Court to hear case
Until 1925, defendants had an automatic right to a Supreme Court hearing. The Judiciary Act of 1925 eliminated that provision.
Supreme Court issues writ of certiorari
Based on “rule of 4”
4 of the 9 justices must agree to hear the case
Vast majority of cases are turned down
e.g., in 2007/08 term, the court heard 75 cases, and then ruled on 72 cases, out of 8,241filings for appeal

16. Judicial Process Factors shaping issuance of the writ:
unsettled area of law
conflicting lower court rulings
change in court membership
advocacy by executive branch
compelling issue for Chief Justice

17. Judicial Process Oral Argument Litigants file briefs with court
amicus curiae briefs also filed
Litigants argue case before the Court

18. Judicial Process Justices then deliberate Issue Decision and Opinion
Decisions will:
Affirm lower court ruling
Reverse lower court ruling
Remand to lower court

19. Judicial Process Decisions and Opinions
The Decision is expressed in an opinion of the court
Majority Opinion: the legal reasoning used by a majority of members to reach the decision
Concurrent: members who agree with the decision but disagree with the argument used to get there
Dissenting: the members of the court who disagree with the decision and the legal reasoning

20. Power of Supreme Court
Through judicial review (Marbury v. Madison), Court has power to interpret the meaning of the Constitution
Acts as important check on President, Congress, bureaucracy, and the states

21. Power of Supreme Court Checks on Supreme Court
Appellate, so can’t initiate process
No enforcement mechanism
Amendment
Public Opinion