US PoliticsOverviewSources of American LawSlide 4Federal Court SystemSlide 6Slide 7Number of Justices/CourtSlide 9Slide 10Slide 11PowerPoint PresentationSlide 13Judicial Process: TerminologyJudicial ProcessSlide 16Slide 17Slide 18Slide 19Power of Supreme CourtSlide 21US PoliticsThe JudiciaryOverview•Sources of American Law•The Federal Court System•Judicial Process and the Supreme Court•Checks and BalancesSources of American Law•Common-Law tradition–Judge based–stare decisis (precedent)•judges bound to respect rulings of prior judges in similar casesSources of American Law•Constitution–Federal and State•Statutes and Administrative Regulations•Case Law–previous decisions and interpretations of lawFederal Court System•Federal System has a three tiered structure:–District Courts (94)•trial courts: they determine the facts of the case•general jurisdiction•limited jurisdiction(e.g., Bankruptcy Courts, Claims Court, Veterans Appeals, Tax)Federal Court System•Appeals Courts (Circuit Courts)–13 federal appeals courts–appellate court•doesn’t determine the “facts” of the case•determines whether the rules and procedures were followed correctlyFederal Court System+ one federal court = 13 Courts of AppealsNumber of Justices/Court28613141516111217 1212Federal Court Circuit has 12Federal Court System•Selection of Justices is based on presidential nomination, followed by “advice and consent” of Senate•The lower level federal courts operate on basis of “senatorial courtesy” whereby the the ranking senator in the state in which the justice will be seated submits acceptable nominee list to president•As go higher up the system, more involvement from the president and greater scrutiny by the SenateFederal Court System•US Supreme Court–highest court in the land–has some original jurisdiction–primarily appelate courtFederal Court SystemSupreme Court–9 Justices–Appointed by President with advice and consent of the Senate–Lifetime appointment pending good behaviorClarence Thomas(GHW. Bush; 1981John Paul Stevens(Ford; 1975)Ruth Bader Ginsberg(Clinton; 1993)Antonin Scalia(Reagan, 1986)Anthony Kennedy(Reagan; 1988)Stephen Breyer(Clinton; 1994)David Souter(GHW Bush; 1990)John Roberts(GW Bush; 2005)Samual Alito(GW Bush; 2006)Supreme CourtDistrict Courts andother trial courtsCourt of Appealsfor FederalCircuitState Supreme CourtState Appellate CourtsState Trial CourtsJudicial Process: Terminology•Parties to the lawsuit:–plaintiff: party initiating the suit–defendant: party that is target of the suit•Standing–having a sufficient “stake” in the matter to warrant bringing the suit•Litigate–to engage in a legal proceeding; that is bring to trialJudicial Process•Plaintiff files application to Supreme Court to hear case–Until 1925, defendants had an automatic right to a Supreme Court hearing. The Judiciary Act of 1925 eliminated that provision.•Supreme Court issues writ of certiorari•Based on “rule of 4”–4 of the 9 justices must agree to hear the case•Vast majority of cases are turned down –e.g., in 2007/08 term, the court heard 75 cases, and then ruled on 72 cases, out of 8,241filings for appealJudicial Process•Factors shaping issuance of the writ:–unsettled area of law–conflicting lower court rulings–change in court membership–advocacy by executive branch–compelling issue for Chief JusticeJudicial Process•Oral Argument–Litigants file briefs with court–amicus curiae briefs also filed–Litigants argue case before the CourtJudicial Process•Justices then deliberate•Issue Decision and Opinion–Decisions will:•Affirm lower court ruling•Reverse lower court ruling•Remand to lower courtJudicial Process•Decisions and Opinions–The Decision is expressed in an opinion of the court•Majority Opinion: the legal reasoning used by a majority of members to reach the decision–Concurrent: members who agree with the decision but disagree with the argument used to get there•Dissenting: the members of the court who disagree with the decision and the legal reasoningPower of Supreme Court•Through judicial review (Marbury v. Madison), Court has power to interpret the meaning of the Constitution•Acts as important check on President, Congress, bureaucracy, and the statesPower of Supreme Court•Checks on Supreme Court–Appellate, so can’t initiate process–No enforcement mechanism–Amendment–Public