Chapter 12
The
Judiciary
Cases and the Law:
Types of Law
•
•
•
•
•
Common law - Rule of Precedent
Constitutional law
Statutory law
Administrative law
Case law
Cases and the Law: Terms
• Criminal cases
— Misdemeanor and felony
— Government
— Defendant
— Beyond a reasonable doubt
— plea bargains
• Civil cases
— Plaintiff
— Defendant
— Preponderance of the evidence
—Settlements
• Precedent or stare decisis
Types of Courts
• Federal courts ( 1% )
–
–
–
–
Trial (District) court ( 94 )
Appellate (Circuit) court ( 13 )
Specialized Courts (Claims, Tax) (5)
Supreme court ( 1 )
• State courts ( 99% )
–
–
–
–
–
Local court ( 1964 )
County court ( 451 )
District court ( 396 )
Court of Appeals ( 13 )
Supreme court ( 2 )
16-3
Geographic Boundaries of Federal District Courts and Circuit Courts
of Appeals
Federal Jurisdiction and Status
• Original versus Appellate
– Jurisdiction is the authority of a court to
hear a case.
• Diversity of citizenship - participants
from different states.
• Standing to sue - sufficient “stake” in the
matter
• Justifiable controversy
Litigation Flow
The Lower Federal Courts
•
•
•
•
Courts of original jurisdiction
Ninety-four district courts
Over 300,000 cases
655 judges
The Appellate Courts
•
•
•
•
Appellate jurisdiction
51,000 cases annually
10% reviewed
United States divided into twelve
appellate circuits with 13 courts.
• Six to twenty judges per Court of Appeals
- usually sit a panel of three.
What the Courts Do
• Interpret Constitutionality of laws
• Interpret Statues - national and state for
legislative intent.
• Fact Determination - District Courts
• Clarification of political boundaries
• Education and Value Application
• Legitimization of policy - civil rights
U.S. Supreme Court
Supreme Court
Original Jurisdiction
•
•
•
•
Case between U.S. and a State
Case between States
Case involving a Foreign Ambassador
Case between a State and Citizen of
another State
• Case between a State and a Foreign
Country
The Supreme Court
• Original and appellate jurisdiction
• 7,000 - 8,000 cases reviewed annually
• One chief justice and eight associate
justices
The Number of Supreme Court Opinions
16-5
How Judges Are Appointed
• Appointed by the president
• Confirmed by a simple majority of the
Senate
• Senatorial courtesy
Gender and Ethnicity or Race of Appointees to the
U.S. Courts of Appeals, by Administration
16-7
Judicial Review and
Lawmaking
• The power of judicial review is used to
define basic concepts as they apply to
laws enacted by Congress and the
president.
• The courts become lawmakers.
Judicial Review of Acts of
Congress
• Judicial review is the power of the courts to
review the constitutionality of
governmental actions.
— Chief Justice John Marshall
— Marbury v. Madison (1803)
Judicial Review of State
Actions
• Supremacy clause provides that the
Constitution is the supreme law of the
land.
• Supreme Courts uses supremacy clause
to declare acts of the states
unconstitutional.
• For example,
— Brown v. Board of Education (segregation)
— Roe v. Wade (abortion statutes)
— Loving v. Virginia (interracial marriages)
— Lawrence v. Texas (same sex sodomy law)
How Cases Reach the Supreme
Court
• Constitutional jurisdiction
• Writ of habeas corpus
– court order that requires an individual in
custody be brought before the court
showing reason for detention.
• Writ of certiorari
– decision by at least four justices to review
a lower court decision.
Controlling the Flow of Cases
• The Solicitor General
– screen agency appeals before submission to
court
– top government lawyer where government
is involved
• The FBI
– provides data support for cases
• Law clerks
– research and assist justices in writing
decisions
Lobbying the Court
• Specific case selection to achieve goal
• Bring multiple cases at appellate level in
different districts
• Congressional legislation to facilitate
litigation
• Use of amicus curiae
Decision -Making Process
Explaining Supreme Court
Decisions
• Judicial activism
– going beyond Constitution considering
societal implications
• Judicial restraint
– strict Constitutional interpretation
• Political ideology
– liberals tend to be activists
– conservatives tend to be restraintists
– this is not absolutely true