1. THE JUDICIARY

2. STRUCTURE – Federal Courts
TWO KINDS OF COURTS
1. CONSTITUTIONAL COURTS
2. LEGISLATIVE COURTS or special courts

4. Jurisdiction of the Federal Courts
Two Types of Jurisdiction
1. Original
2. Appellate

5. Figure 14.2: The Jurisdiction of the Federal Courts

7. Supreme Court

8. Basic Information
1. Only court specifically created by the Constitution
2. Nine Justices – not a set number
A. Chief Justice
B. 8 Associate Justices

10. Key Terms Writ of certiorari – cert “made more certain”
If four justices agree to hear a case, cert is issued and the case is scheduled for a hearing

11. Key Terms Amicus curiae- “a friend of the court”
These are briefs filed by persons or groups who are not actually parties to a case – have a substantial interest in the outcome
Stare decisis- “let the decision stand”
The practice of basing judicial decisions on precedents established in similar cases decided in the past

12. 1. The Role of the Federal Courts
Only in the U.S. do judges play a role in policy-making
Judicial review: federal courts rule on the constitutionality of laws and executive actions
Controversy is over how the Constitution should be interpreted

13. 2. SELECTING JUDGES & JUSTICES
PARTY BACKGROUND
IDEOLOGY “litmus test”
SENATORIAL COURTESY

14. BACKGROUND OF JUDGES & JUSTICES
Constitution no special requirement
Lawyers, white, judge or prosecutor, in partisan politics
Justices of the Supreme Court = Mr. WASP

15. 3.

16. 3. The Supreme Court at work
1. Briefs - written documents presented to the justices before oral arguments
Amicus curiae-
Solicitor general – decides which cases the government will appeal
2. Oral arguments –
lawyers present, they have 30 minutes
3. Conference – consider the cases in which they have heard & appeals

17. 3. Conference – consider the cases in which they have heard & appeals
Role of Chief Justice
Selection of opinion writer
Opinion of the court – majority opinion
Concurring opinion
Dissenting opinion

18. 4. POWER OF THE COURTS POWER TO MAKE POLICY
Most cases have little or nothing to do with changes in public policy
Make policy whenever they reinterpret the law or the Constitution
Use stare decisis – the principle of precedent
Remedy –correct a situation that a judge believes to be wrong

20. 5. Views of Judicial Activism
Supporters –
correct injustices of other branches
the last resort for those without the power or influence
Critics –
not accountable because judges are not elected

21. 6. Checks on Judicial Power
1. Executive branch and/or state government’s must enforce policy
2. To use the courts to influence public policy, one has to get to court. – Cost is high
3. Senate confirmation
4. Impeachment
5. Amending the Constitution

22. Questions based on reading “How the Supreme Court Arrives at Decisions”
Is Brennan an activist or a strict constructionist judge? Explain.

23. HOW SHOULD THE CONSTITUTION BE INTERPRETED?
Strict construction
Activist or Liberal