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The Federal Judicial System: Applying the Law Chapter 14.

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Presentation on theme: "The Federal Judicial System: Applying the Law Chapter 14."— Presentation transcript:

1 The Federal Judicial System: Applying the Law Chapter 14

2 Federal Judicial System The Supreme Court of the United States The Supreme Court of the United States Selecting cases Selecting cases Deciding cases Deciding cases Issuing decisions and opinions Issuing decisions and opinions majority majority plurality plurality concurring concurring dissenting dissenting © 2009 McGraw-Hill Higher Education. All rights reserved.2

3 The Federal Judicial System © 2009 McGraw-Hill Higher Education. All rights reserved.3

4 Federal Judicial System Other federal courts Other federal courts U.S. district courts U.S. district courts U.S. courts of appeals U.S. courts of appeals Special U.S. courts Special U.S. courts The state courts The state courts Political appointed jurists Political appointed jurists Elected jurists Elected jurists Merit plan jurists Merit plan jurists © 2009 McGraw-Hill Higher Education. All rights reserved.4

5 Federal Court Appointees Selecting Supreme Court Justices and federal judges Selecting Supreme Court Justices and federal judges Supreme Court nominees Supreme Court nominees Lower-court nominees Lower-court nominees © 2009 McGraw-Hill Higher Education. All rights reserved.5

6 Federal Court Appointees Justices and judges as political officials Justices and judges as political officials Role of partisanship Role of partisanship Other characteristics of judicial appointees Other characteristics of judicial appointees © 2009 McGraw-Hill Higher Education. All rights reserved.6

7 The Nature of Judicial Decision Making The Constraints of the facts The Constraints of the facts The Constraints of the law The Constraints of the law Constitution and interpretation Constitution and interpretation Statutes and interpretation Statutes and interpretation Legal precedents and interpretation Legal precedents and interpretation © 2009 McGraw-Hill Higher Education. All rights reserved.7

8 Political Influences on Judicial Decisions Outside influences on court decisions Outside influences on court decisions Public opinion and interest groups Public opinion and interest groups Congress Congress President President Inside influences: the Justices’ own political beliefs Inside influences: the Justices’ own political beliefs © 2009 McGraw-Hill Higher Education. All rights reserved.8

9 Judicial Power and Democratic Government Limits of judicial power Limits of judicial power Debating the judiciary’s proper role Debating the judiciary’s proper role Doctrine of judicial restraint Doctrine of judicial restraint Compliance Compliance Doctrine of judicial activism Doctrine of judicial activism Original theory Original theory © 2009 McGraw-Hill Higher Education. All rights reserved.9


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