The American Legal System and the CourtsIn this chapter we will learn aboutThe role of law in democratic societiesCharacteristics of the American legal traditionKinds of lawKinds of law, cont’d.The development of judicial reviewThe development of judicial review, cont’d.Understanding jurisdictionStructure of U.S. Court systemU.S. district courtsU.S. courts of appealsSelection of judgesThe U.S. Supreme CourtFour criteria considered for Supreme Court appointmentsChoosing which cases to hearDeciding casesWriting opinionsThe citizens and the courtsThe American Legal System and the CourtsChapter 10In this chapter we will learn about•The notion of law and the role that it plays in democratic society•The constitutional basis for the American judicial system•The dual system of state and federal courts in the United States•The Supreme Court and the politics that surround and support it•The relationship of citizens to courts in AmericaThe role of law in democratic societies •Provide security•Provide predictability•Resolve conflict•Reflect and enforce conformity to society’s values•Distribute benefits and rewards society has to offer and allocate the costs of those good thingsCharacteristics of theAmerican legal tradition •Based on common law instead of civil law•Adversarial instead of inquisitorial •LitigiousKinds of law•Substantive laws vs. procedural laws•Criminal laws vs. civil lawsKinds of law, cont’d.•Constitutional laws – come from both state constitutions and the U.S. Constitution•Common law – from cases•Statutory laws – from legislatures, both the U.S. Congress and state legislatures•Administrative laws – from bureaucracies and agencies•Executive orders – from presidents and governorsThe development of judicial review•Hamilton and Federalist No. 78–Judicial branch is the least dangerous branch of government–Court had power of neither the purse nor the sword–Approved of judicial review because it would check the momentary passions of the peopleThe development of judicial review, cont’d.•Marbury v. Madison•John Marshall and the expansion of the power of the Supreme Court•Used sparingly to strike down federal law; more frequently to strike down state law•Judicial review never mentioned specifically in Constitution; many argue the Court gave itself this power in MarburyUnderstanding jurisdiction •Courts with original jurisdiction–U.S. district courts–State trial courts•Courts with appellate jurisdiction–U.S. courts of appeals–State intermediate appellate courts–State supreme courts•Court with both original and appellate jurisdiction–U.S. Supreme CourtStructure of U.S. Court system•The federal court system has three levels: federal district courts, circuit courts of appeal, and the U.S. Supreme Court•The state court systems are the same: trial courts (all courts where trials happen), appellate level courts, and state supreme courts•A few states have no mid-level appeals courts, like New HampshireU.S. district courts•Lowest level of federal court system•94 district courts (each state has at least one)•Hear both criminal and civil cases•Juries responsible for verdictU.S. courts of appeals•Arranged into 12 circuits•Solely appellate jurisdiction•No new evidence or witnesses•Panel of three judges makes ruling, not a jurySelection of judgesStates•Method varies by state-Appointment-Nonpartisan election-Partisan election Federal•All federal judges are nominated by the president and confirmed by the Senate•Senatorial courtesy is often invoked for lower-level federal courtsThe U.S. Supreme Court•Nine justices, but has not always been nine•Appointed by the president, confirmed by the Senate•Serve during good behavior for “life”•Can be impeachedFour criteria considered forSupreme Court appointments•Merit•Political ideology–Strict constructionism vs. judicial interpretivism•Reward•RepresentationChoosing which cases to hear•Petitioning the Supreme Court•Writ of certiorari•The role of law clerks•The Rule of Four – only approximately 2% of all litigants filing a writ of cert will have their cases heard•Other influences, including whether U.S. government is a party in the caseDeciding cases•Judicial activism vs. judicial restraint•External factors–Public opinion–Executive branch–Amicus briefsWriting opinions•Opinion–Chief justice, if in the majority, will assign this opinion to someone in the majority–If chief justice is in the minority, senior-most justice in the majority assigns the opinion•Concurring opinion •Dissenting opinionThe citizens and the courts•Equal treatment by the criminal justice system•Equal access to the civil justice system•Controversy over low long it takes cases to move up to an appellate court•Controversy of appointment of judges instead of