1. The Judiciary Chapter 10- The Judiciary

2. Federal Judiciary Act of 1789 O Established the basic 3 step federal court system. 3. Supreme Court 2. Appellate Court 1. Trial Courts (where litigation (lawsuit) begins)

3. Impact of the Marshall Court O Marbury v. Madison= JUDICIAL REVIEW

4. The American Legal System Jurisdiction ORIGINAL APPELLATE (see figure 10.1- page 332)

5. CRIMINAL V. CIVIL O Criminal law relates to protection of property and individual safety. - felonies, offenses or misdemeanors, murder, rape, robbery O The government persecute or bring an action in behalf of the injured party. O Civil law regulates the conduct and relationship between individuals or groups. O Both have a plaintiff or petitioner who brings charges against the defendant. O Jury serves in both…

6. Federal Court System O Constitutional and Legislative Court O Constitutional Courts: 3. Supreme Court 2. Appellate Court 1. District Court

7. District Court O Foreign nations O Interpretation of the Constitution O Bankruptcy O Military/ maritime law O Ambassadors and public ministers O Disputes b/w two or more states O U.S. government or any U.S. office or agencies O Concurrent jurisdiction- A person from different states in a dispute over $75,000.

8. Appellate Court O Appellate Jurisdiction O # of judges vary O In deciding a case, judges are divided into 3- judge panel, if they choose to sit together is called en banc. O These courts receive a brief (written arguments written by lawyers they can be present to argue the case orally). O Decision is based on PRECEDENT O If there is no precedent a new case is called stare decisis.

10. Supreme Court O Both jurisdictions O Since 1869, the court consist of 8 justices and 1 chief justice who is nominated only for that position. (9)

11. How are Fed. Court Judges Selected? O Very political process O Senatorial Courtesy O Typically Judges…. O have held other political offices (state court judge or prosecutor) …..Should they be elected or appointed

12. Nominating a O Competence- experience (legal, judicial, government) O Ideology or policy preferences- Presidents seek to appoint those who represent his/her views. O Rewards- many have been personal friends O Pursuit of political support- can nominate men or woman to obtain voters/ support O Religion- Most have are Protestant and then Catholics O Race, Ethnicity, Gender

13. Confirmation Process O Investigation O Lobbying by interest group O Senate committee hearings and senate vote

14. Nominating and Confirming O The process must include: - an FBI investigation. - an investigation by the Senate Judiciary Committee. - a vote of at least a majority of the Senate. - a formal selection and endorsement by the president.

15. The Supreme Court

16. Roberts Court

18. Supreme Court O About 8,150 cases were filed in 2009-2010 about 82 were heard, 81 were issued an opinion. O Most arrive as writ of certiorari (to be informed)- is a request for the S.C. to order up records of lower court to review.

19. Writ of certiorari and the rule of 4 O Cases must: 1. Come from U.S. Court of Appeals or legislative court 2. Federal question (related to federal matter). O The clerk select cases O Give the cases to Chief Justice O Rule of 4- at least 4 judges must vote to consider a case.

20. Role of Clerks O Read all appeals filed and write memos summarizing the key issued in each case. O When cases are decided, the clerks help prepare the Court’s opinion by doing research and sometimes writing the draft for the opinions. O Top graduates from law schools

21. Hearing and Deciding a Case O Oral Arguments: - The S.C. term begins the 1 st Monday in October - mid June, they hear oral arguments until early April. - Monday- Wednesday O The Conference and the Writing: meet in closed conference twice a week. O Writing Opinions