THE COURTS

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THE COURTS
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The Courts

• Common Law Tradition
• Originated in England
• Judge-made law
• Grew out of prevailing custom
• Two Main components
• Precedent
• Ruling will bear on subsequent legal decisions in
  similar cases
• Stare decisis
• Stand on decided cases

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The Courts

• Sources of American Law
• Federal Constitution
• State Constitution
• Legislative statutes
• Administrative law
• Case law

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Constitutions

• Sets forth general organization of government
• Sets forth the powers of government
• Sets forth the limits of government
• U.S. Constitution
• SUPREME LAW OF THE LAND
• Supremacy clause

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STATUTES

• Passed by national, State, local governments
• Increasingly important
• Applied to general framework of common law

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CASE LAW

• Rule and Principles announced in court decisions
• Usually appeals courts

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FEDERAL COURT SYSTEM

• Dual Court System
• Federal Court Structure
• U.S. District Courts
• Trial courts
• U.S. Courts of Appeals
• Thirteen
• Hear appeals
• U.S. Supreme Court
• 9 justices
• Hear appeals
• Courts of the 50 States

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Common Process

• Plaintiff initiates the lawsuit
• Defendant is whom the suit is brought against
• Litigate means to bring a case to trial
• Interest groups
• Bring litigation
• Amicus curiae briefs
• Express a groups viewpoint on a case
• Class Action Suits
• Suits brought by and benefitting all citizens
  affected by same situation

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SUPREME COURT

• Term October to June each year
• Decides cases on factors of case
• Legal question on rulings of lower courts
• Pressure from solicitor general to review case
• Solicitor General
• Represents U.S. Govt
• Issues writ or certiorari
• Rule of four
• Takes four justices to agree to hear a case

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SUPREME COURT

• Oral Arguments
• Private conference of 9 justices
• Unanimous decision( rare)
• Majority decision
• Concurring opinion written by a justice to
  emphasize a part of the decision
• Dissenting opinion
• May form the basis for a new majority, or
  precedent in the future

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FEDERAL JUDGES

• Appointed by President
• Advise and consent of Senate
• Confirmation by Senate
• Life term
• Senatorial courtesy
• Senator of Presidents party allowed to exercise
  control over vacancies
• District Court Positions
• NOT Courts of appeals or Supreme Court

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Supreme Court Justices

• Important appointees
• Ideology
• Affects Presidential selection
• Affects Senatorial confirmation process
• Examples...?

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Policymaking

• Marbury v Madision
• Judicial Review
• Judicial Activism
• Judicial Restraint
• Power of the Court
• Decisions
• Liberal
• Conservative
• Activist
• Restraint-oriented

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Checks and Balances

• Executive branch carries out judicial rulings
• Executive Branch appoints judges/justices
• Legislative branch approves appointments
• Legislative branch authorizes funding to
  implement court rulings
• Leg. Branch passes new laws in response
• Begins Constitutional amendment process

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JUDICIARY TODAY

• Judicial Review checks on the power of the
  President and Congress
• Interpreted the Constitution to provide for
  concepts such as
• Right to Privacy
• Right to bear arms
• Religious freedom
• Etc.

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JUDICIARY TODAY

• PROVIDES STABILITY TO AMERICAN SOCIETY
• Controversial issues decided in a peaceful manner