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America and Arizona Government for Elementary Teachers Presentation 9: The Courts
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Presentation Objectives AEPA Objectives 0011 Understand the structure, organization, and operation of the federal government. AZ Social Studies Standard, Strand 3 Concept 2: Structure of Government
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Role of the Judiciary Primary role is to adjudicate Uphold the Rule of Law
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Role of the Judiciary Settle Disputes
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Role of the Judiciary Social Control Criminal proceedings Civil Dispute settlements, punitive awards Guarantee rights of minority groups Judicial Review – adjudicating regarding the political system itself
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Actors in Judiciary Litigants Plaintiff and defendant Standing to Sue
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Actors in Judiciary Attorneys Trained in law and rules of procedure Maintain order by limiting speaking rights Jury
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Actors in Judiciary Judge Arbiter, Referee in adversarial system Most appointed, some elected
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Judicial Appointment It’s a political process Clarence Thomas example Thurgood Marshall example Judges campaign for the position Judge Robert Bork was an unsuccessful nominee of President Ronald Reagan
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Judicial Appointment Confirmation usually a rubber stamp, but not always Only 5 nominees rejected in one hundred years More often the nomination is withdrawn – Harriet Meyers example Hard to predict behavior Composition of current court George W. Bush and Harriet Miers
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US Court System
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Paths to the Supreme Court
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Judicial Review Marbury v. Madison Chief Justice John Marshall
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Judicial Review Activist v. Strict Constructionist views
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Conclusion Chilean Dictator Pinochet Russian Supreme Court Colombian Supreme Court
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This Presentation This presentation is courtesy of Brian Dille, Professor of Political Science at Mesa Community College.
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