The Judiciary

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Chapter 15

• The Judiciary

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The Common Law Tradition

• common law judge made law that originated in
  England and was derived from prevailing customs
• precedent a court ruling bearing on subsequent
  legal decisions in similar cases
• emanating from stare decisis, or standing on
  decided cases

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Sources of American Law

• Constitutions
• United States Constitution
• State Constitutions
• Statutes and Administrative Regulations
• Case Law

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Basic Judicial Requirements

• Jurisdiction
• A Federal Question
• or
• Diversity of Citizenship
• Standing to Sue
• justiciable controversy

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Which Cases Reach the Supreme Court?

• a subjective process, but certain factors
  increase a cases chances
• when two lower courts are in disagreement
• when a lower courts ruling conflicts with an
  existing Supreme Court ruling
• when a case has broad significance
• when a state court has decided a substantial
  federal question
• when the highest state court holds a federal law
  invalid, or upholds a state law that has been
  challenged as violating a federal law
• when a federal court holds an act of Congress
  unconstitutional
• when the solicitor general is pressuring the
  Court to hear a case

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Types of court decisions

• opinion
• unanimous
• majority
• concurring
• dissenting
• affirm
• reverse
• remand

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Ways in Which Courts Make Policy

• judicial review the power of the courts to
  declare the acts of governmental officials
  unconstitutional
• judicial activism taking a broad view of the
  Constitution and using power to direct policy
  towards a desired goal
• judicial restraint rarely using judicial review
  and limiting judicial action in the policy
  process

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Checks on the Judiciary

• Executive Checks
• judicial implementation
• appointments
• Legislative Checks
• Appropriation of funds to carry out rulings
• Constitutional amendments
• Amending laws to overturn courts rulings

• Public Opinion
• Sometimes can ignore decisions
• pressure for non-enforcement
• influence judicial opinions
• Judicial Self-Restraint
• tradition of restraint
• narrow focus of judicial questions
• stare decisis

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