The Federal Courts UNIT 5 SIGNIFICANCE ORGANIZATION Courts

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The Federal Courts UNIT 5 : SIGNIFICANCE & ORGANIZATION

The Federal Courts UNIT 5 : SIGNIFICANCE & ORGANIZATION

Courts in the US System * Courts settle disputes * Most significant feature: independence

Courts in the US System * Courts settle disputes * Most significant feature: independence ◦ Separate from other branches ◦ Lifetime appointment of judges ◦ Judicial review * Courts are political institutions because judges have policy preferences

Significance of Judiciary * Has settled constitutional crises * Guaranteed no person is above

Significance of Judiciary * Has settled constitutional crises * Guaranteed no person is above the law * Ensures all people enjoy equal protection of the law * Promotes economic activity * Ensures that every citizen’s vote counts equally

Why hasn’t the Judiciary taken over? * No control over money * No control

Why hasn’t the Judiciary taken over? * No control over money * No control over military * Reactive: has to wait for people to file lawsuits

Our Least Democratic Institution * Most proceedings are secret * Lifetime appointment * Small

Our Least Democratic Institution * Most proceedings are secret * Lifetime appointment * Small group of people (esp. S. Court) * Ultimate check on most democratic institutions

History Principle & the Judiciary * Affects Judicial branch more than other 2 *

History Principle & the Judiciary * Affects Judicial branch more than other 2 * Courts are constrained by precedents https: //www. youtube. com/watch? v=IGyx 5 UEwgt. A

The Judicial Process * Constraints: ◦ ◦ ◦ Constitution laws common law legal precedents

The Judicial Process * Constraints: ◦ ◦ ◦ Constitution laws common law legal precedents established judicial procedures

Checks on Judiciary * Congress ◦ ◦ ◦ Can change size Power to decide/change

Checks on Judiciary * Congress ◦ ◦ ◦ Can change size Power to decide/change jurisdiction of lower courts & appellate jurisdiction of S. Court Impeach justices Shapes appointments Can amend the Constitution * President appoints justices * Judges cannot enforce decisions * Public Opinion: Court is sensitive to opinion, esp. of elites (e. g. FDR)

Categories of Cases * Criminal Law ◦ Disputes or actions involving criminal penalties *

Categories of Cases * Criminal Law ◦ Disputes or actions involving criminal penalties * Civil Law ◦ Settling disputes that do not involve criminal penalties * Public Law ◦ Cases involving the action of public agencies or officials

Types of Law

Types of Law

Precedents & Stare decisis Precedents: prior cases whose principles are used by judges as

Precedents & Stare decisis Precedents: prior cases whose principles are used by judges as bases for their decisions in cases Stare decisis: judicial doctrine that a previous decision should apply as a precedent in similar cases until that decision is overturned

The Organization of the Court System Types of Courts ◦ Trial ◦ Appellate ◦

The Organization of the Court System Types of Courts ◦ Trial ◦ Appellate ◦ Supreme

The Structure of the U. S. Court System

The Structure of the U. S. Court System

Clicker Question The courts that serve as the trial courts in the federal court

Clicker Question The courts that serve as the trial courts in the federal court system are called A. superior courts B. federal district courts C. state supreme courts D. federal circuit courts of appeal

Clicker Question The courts that serve as the trial courts in the federal court

Clicker Question The courts that serve as the trial courts in the federal court system are called A. superior courts B. federal district courts C. state supreme courts D. federal circuit courts of appeal

Federal System 1. U. S. District Courts 2. U. S. Court of Appeals 3.

Federal System 1. U. S. District Courts 2. U. S. Court of Appeals 3. U. S. Supreme Court Congress assigned jurisdiction to federal courts on geographical basis ◦ 94 judicial districts ◦ 11 regional appellate circuits & a D. C. circuit

Regional Jurisdiction of Federal Courts of Appeal

Regional Jurisdiction of Federal Courts of Appeal

Specialized Courts Military Courts & special military tribunals for unique situations US Court of

Specialized Courts Military Courts & special military tribunals for unique situations US Court of International Trade, US Court of Federal Claims, US Court of Appeals for the Federal Circuit, US Court of Appeals for Veterans Claims US Court of Appeals for the Armed Forces