The Judiciary The Common Law Tradition American law

The Judiciary

The Common Law Tradition • American law stems from the English legal tradition of common law • Common law • Judge-made law based initially on the prevailing custom and eventually on legal precedent • Common law is based on stare decisis, which means to stand on decided cases Copyright © 2011 Cengage Learning 2

Adversarial Process • Disputes resolved by adversarial process • Each side represented by attorney • Present own version of events • Resolve as fairly as possible • Questions of fact and of law examined • Mistakes may be examined by appeal Copyright © 2011 Cengage Learning 3

The Supreme Court Click on a picture to find out more information about that period in the Court’s history Copyright © 2011 Cengage Learning 4

Development of the Court’s Role in Government • Marbury v. Madison • Judicial Review • Mc. Culloch v. Maryland • National Supremacy A portrait of William Marbury Supreme Court Historical Society Click to return to the timeline Copyright © 2011 Cengage Learning 5

Development of Supreme Court • 18 th Century • Seen as somewhat weak third branch of government • 19 th Century • Marshall Court (1805 -1835) established supremacy of courts to determine law over legislation • Began to limit authority of state courts (supremacy clause, commerce clause) • 1830 s-1930 s began to limit national power over slavery, civil rights and the economy Copyright © 2011 Cengage Learning 6

Development of Supreme Court (cont) • Civil War to 1930 s • Limited scope of civil rights • Separate but equal doctrine • Court supports industrialization and business • Promotes laissez faire economy • Leaves regulation to states Copyright © 2011 Cengage Learning The Supreme Court set national standards for child labor. Utah State Historical Society 7

Development of Supreme Court (cont) • 1930 s • Court tries to block much of the New deal legislation • FDR Court packing plan applies pressure • Court begins allowing greater federal and state regulation • Also begins strengthening national power over civil rights legislation Copyright © 2011 Cengage Learning 8

Modern Supreme Court • Post New Deal Courts have been active in overturning state and federal laws and practices in areas outside economics, including: • • • Civil rights Abortion Prayer Rights of criminal defendants Death penalty Libel and free speech Copyright © 2011 Cengage Learning Supreme Court Justice Elena Kagan 9

The Warren Court (1953– 1969) • Outlawed official racial segregation in public schools • Set strict national standards to protect rights of criminal defendants • Required equal apportionment of state legislatures and the House of Representatives • Ruled prayers and Bible reading in public schools were unconstitutional • Created right to privacy Click to return to the timeline Copyright © 2011 Cengage Learning 10

The Burger Court (1969– 1986) • Narrowed reach of the Fourth Amendment’s protections against unreasonable search and seizure • Restored death penalty • Most decisions shifted toward the conservative, yet, many decisions still protected individual liberties and minority groups • Roe v. Wade Click to return to the timeline Copyright © 2011 Cengage Learning 11

The Rehnquist Court (1986– 2005) • By 1988, the Court shifted in conservative direction • Often favored state’s rights • The Court also made it more difficult for workers to sue employers for discrimination • Ended 2000 presidential election dispute • Decisions were often hard to categorize, and the conservative did not always prevail Click to return to the timeline Copyright © 2011 Cengage Learning 12

The Roberts Court (2005 -? ) Click to return to the timeline Copyright © 2011 Cengage Learning 13

Sources of American Law • Constitutions • U. S. Constitution is supreme law of land • Statutes and Administrative Regulations • Case Law Copyright © 2011 Cengage Learning 14

The Federal Court System • Basic Judicial Requirements • Jurisdiction: The authority to hear a case • Original: The place where the case is heard first • Appellate: Hearing a case on appeal or for a second time • Federal Jurisdiction • Subject matter: admiralty or maritime law • Parties involved • Supreme Court has both Original and Appellate Jurisdiction • Anything that does not fall under Federal Jurisdiction 15 the states can hear Copyright © 2011 Cengage Learning

The Federal Court System Copyright © 2011 Cengage Learning 16

Types of Federal Courts • • U. S. District Courts U. S. Courts of Appeals The United States Supreme Court Specialized Federal Courts • • FISC (Foreign Intelligence Surveillance Court) Alien “Removal Courts” Court of International Trade Tax Court Copyright © 2011 Cengage Learning 17

Geographic Boundaries of Federal District Courts and Circuit Courts of Appeals Copyright © 2011 Cengage Learning 18

Parties and Procedures • Plaintiff • Defendant • Litigate © Paul Conklin /Photo. Edit Copyright © 2011 Cengage Learning 19

Parties and Procedures (cont) • Amicus Curiae (friend of the court) brief • Filed by third party with an interest in the outcome • Procedural Rules • Civil contempt: failure to comply with court’s order • Criminal contempt: obstructing administration of justice Copyright © 2011 Cengage Learning 20

Legal Terms • Civil case: disputes about something of value • Criminal case: violation of law • Plea bargain: negotiating severity and number of charges to be brought against defendant • Adjudication: court judgment resolving the claims and enforcing the decision Copyright © 2011 Cengage Learning 21

Which Cases Reach the Supreme Court? • When two lower courts are in disagreement • When a lower court’s ruling conflicts with an existing Supreme Court ruling • When a case has broad significance • Desegregation, abortion • When a state court has decided a substantial federal question Copyright © 2011 Cengage Learning 22

Which Cases Reach the Supreme Court? (cont) • When the highest state court holds a federal law invalid, or upholds a state law that has been challenged as violating a federal law • When a federal court holds an act of Congress unconstitutional • When the Solicitor General is pressuring the Court to hear a case Copyright © 2011 Cengage Learning 23

Cases Before the Court • Granting Petitions for Review is granted by a writ of certiorari • To issue a writ, a minimum of four justices must agree that the case should be heard by the Supreme Court (the “rule of four”). • The Court generally agrees to hear about 1% of the petitions brought before it Copyright © 2011 Cengage Learning 24

Deciding Cases • Once the Court has decided to accept a case, both parties in the case will submit legal briefs and (usually) make oral arguments. • If the Court is unanimous in the ruling, one justice will write the opinion of the Court • If the justices are divided on the reasoning of the outcome, there will be a majority opinion and dissenting opinions Copyright © 2011 Cengage Learning 25

The Selection of Federal Judges • Judicial Appointments • Federal District Court Judgeship Nominations • Federal Courts of Appeals Appointments • Supreme Court Appointments • Partisanship and Judicial Appointments • Senatorial Courtesy • Allows senators to recommend/veto candidates for judgeships in state Copyright © 2011 Cengage Learning 26

Senate Confirms Sotomayor The Senate confirms the first Hispanic judge to be nominated to the Supreme Court. Airdate: 8/6/2009 Click the icon to open the movie Video Supplied by Motion Gallery Copyright © 2011 Cengage Learning 27

Policymaking and the Courts • Judicial Review • Power of the courts to determine whether a law or action is constitutional • Judicial Activism • Going beyond law to impose policy interpretations • Judicial Restraint • Strictly honoring letter decisions of other courts • Strict Construction (letter of the law) • Broad Construction (intent of the law) Copyright © 2011 Cengage Learning 28

Ideology and the Courts • The ideology of the justices determines the kinds of policy that the courts will make • Activist • Restraintist Lynn Johnson/Aurora Photos Copyright © 2011 Cengage Learning 29

What Checks Our Courts? • Executive Checks • Legislative Checks • Constitutional amendments • Revision of laws • Public Opinion • Current Events Copyright © 2011 Cengage Learning 30

Judicial Traditions and Doctrines • To a certain extent, the courts also check themselves • The Impact of the Lower Courts • Stare Decisis: doctrine which obligates all courts to rely on established precedents Copyright © 2011 Cengage Learning 31

The War in the Courthouse The story profiles evangelical Christians concerned about judicial appointments. Airdate: 5/19/2005 Click the icon to open the movie Video Supplied by Motion Gallery Copyright © 2011 Cengage Learning 32

Criminal Rights • Constitutional rights • • Unreasonable search and seizure Due process Speedy and public trial Against self-incrimination Double jeopardy Right to legal representation Forbids cruel and unusual punishment Copyright © 2011 Cengage Learning 33

Criminal Rights (cont) • Supreme Court defines and interprets rights • May change in response to public opinion (death penalty) • Defines some criminal rights • Miranda v. Arizona • Gideon v. Wainwright Copyright © 2011 Cengage Learning 34