The Judiciary
Chapter 12
Interpretation of Judicial language
• Stare Decisis: “to stand on decided cases”
• Appellate Court: A court reviewing a case
originally tried in a lower court
• Litigate: to bring to trial / seek relief
• Class action lawsuit: seeks damages for
all persons affected
• Judicial Review: check on other branches
The U.S. Court System
• Dual court system
• Parties in court: plaintiff vs. defendant
• 2 basic requirements before court:
1) Jurisdiction
- federal question: U.S. Constitution / fed law
2) Standing to Sue- party bringing suit must be
wronged
Dual Court System
1) State Courts
2) Federal Courts
- 3 types of federal courts
Federal Court System
3-tier system:
1) U.S. District Courts & Specialized Courts
- trial courts / general & limited jurisdiction
- at least one district court in every state
- federal judges appointed for life
Federal Court System (continue)
2) U.S. Court of Appeals
- federal appellate courts
- hear appeals within their districts
- panels of 3 judges review case / error
- stepping stones for Supreme Court
U.S. Supreme Court
3) U.S. Supreme Court
 Highest Court in the land
 How many justices are on the Supreme
Court?
 hears appeals from federal & state courts
Supreme Court Justices
1) John Paul Stevens (R-1975, Ford)
2) Antonin Scalia (R- 1986, Reagan)
3) Anthony Kennedy (R- 1988, Reagan) *
4) David Souter (R-1990, Bush) *
5) Clarence Thomas (R- 1991, Bush)
6) Ruth Bader Ginsburg (D- 1993, Clinton)
7) Stephen Breyer (D- 1994, Clinton)
8) John Roberts (R- 2005, Bush)
9) Samuel Alito (R- 2006, Bush)
US Supreme Court
• Session- Oct-June
- usually hear 2 or more cases per day
- do not hear cases everyday
U.S. Supreme Court (continue)
How does Supreme Court decide
which cases to hear?
• Writ of Certiorari- order to send up case
• How many cases are denied?
- doesn't mean Supreme Court agrees
• Supreme Court reviews less than % of all
cases decided each year?
U.S. Supreme Court
How the Court decide cases
 extensive research / law clerks
 oral arguments & questions
 Justices meet, discuss, & vote
 affirm, reverse, or remand lower court
decision
 Opinions are written
- majority, concurring & dissenting opinions
- opinions published in U.S. Reports
Supreme Court
•
What if Supreme Court Justices had to
campaign?
Conclusion
• Judicial Review (1803)
- Power to determine if a law or action by another branch
of gov’t is constitutional
• Strict vs. Broad Construction
• Checks & Balances
- Executive & Legislative checks
• Court can directly affect our lives
- Brown vs. Board of Edu (1954)
At issue (p 306)
The legal system (p 313)