Fadi Rouel Period 2 Chapter 14: The Courts

I. The Common Law Tradition A. The Tradition 1. Common Law: Judge made law that originated in England from decisions shaped according

2. 3. II. A. 1. 2. B. 1. 2. C. 1. III. A. 1.

2. 3.

B. 1. 2. 3. 4. 5.

to prevailing custom. Decisions were applied to similar situations and gradually became common to the nation. Precedent: A court rule bearing on subsequent legal decisions in similar cases. Judges rely on precedents in deciding cases Stare Decisis: To stand on deciding cases; the judicial policy of following precedents established by past decisions. Sources of American Law Constitutions The U.S. Constitution is the supreme law of the land The constitution defines the political playing field on which state and federal powers are reconciled Statutes and Administrative Regulations Statutes (laws enacted by legislatures) increasingly have become important in defining the rights and obligations of individuals Cities, counties, and other local political bodies also pass statues, which are called ordinances Case Law Case Law: Judicial interpretations of common law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative law. The Federal Court System Basic Judicial Requirements Jurisdiction: The authority of a court to decide certain cases. Not all courts have the authority to decide all cases. Where a case arises and what its subject matter is are two jurisdictional issues. Federal Question: A question that has to do with the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction Diversity of Citizenship: The condition that exists when the parties to a lawsuit are citizens of different states, or when the parties are citizens of a U.S. state and citizens or the government of a foreign country. Diversity of citizenship can provide a basis for federal jurisdiction. Types of Federal Courts The U.S. district courts are trial courts Trial courts: the court in which most cases begin General Jurisdiction: Exists when a courts authority to hear cases is not significantly restricted. A court of general jurisdiction normally can hear a broad range of cases Limited Jurisdiction: Exists when a courts authority to hear cases is restricted to certain types of claims, such as tax claims or bankruptcy petitions. Appellate Court: A court having jurisdiction to review cases and issues that were originally tried in lower courts

6. 7. 8. C. 1. 2. 3. 4. D. 1. 2.

3. E. 1. a. b. c. IV. A. 1. 2. a. b. c. 3. 4. B. 1. 2.

C. 1. 2. 3. 4.

There are 13 courts of appealsalso referred to a US circuit courts of appeal The supreme court is the highest level of the three-tiered model The supreme court can excise original jurisdiction as well as act as an appellate court Specialized Federal Courts and the War on Terrorism First secret court created in 1978 Foreign Intelligence Surveillance Act (FISA) established a court to gear requests for warrants for the surveillance of suspected spies Anti-Terrorism and Effective Death Penalty Act (1996) was established in response to the Oklahoma City bombing in 1995 It created and alien removal court to hear evidence against suspected alien terrorists Parties to lawsuits Litigate: To engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit Amicus Curiae Brief: A brief (a document containing a legal argument supporting a desired outcome in a particular case) filed by a third part or amicus curiae (latin for friend of the court), who is not directly involved in the litigation but who has an interest in the outcome of the case. Class-Action Suit: A lawsuit filed by an individual seeking damages for all persons similarly situated Procedural Rules Rules that are designed to: protect the rights and interests of the parties Ensure that the litigation proceeds in a fair and orderely manner Identify the issues that must be decided by the court The Supreme Court at Work Which Cases Reach the Supreme Court? The court chooses which cases it wants Factors that bear on the decision: If a legal question has been decided differently between different lower courts If a lower courts decisions conflict with previous supreme court decisions If the issue could have significance beyond the parties to the dispute Writ of Certiorari: An order issues by a high court to a lower court to send up the record of a case Rule of Four: A united States Supreme Court procedure by which four justices must vote to grant a petition for review if a case is to come before the full court Deciding Cases Supreme Courts consideration of a case is based on the abstracts, the records, and the briefs Oral Arguments: The verbal arguments presented in person by attorneys to an appellate court. Each attorney presents reasons to the court why the court should rule in her or his clients favor Decisions and Opinions Opinion: The statement by a judge or a court of the decision reached in a case. The opinion sets forth the applicable law and details the reasoning on which the ruling was based Affirm: To declare that a court ruling is valid and must stand Reverse: to annul or make valid a court ruling on account of some error or irregularity Remand: To send a case back to the court that originally heard it.

5. Unanimous Opinion: a court opinion or determination on which all judges agree 6. Majority Opinion: A court opinion reflecting the views of the majority of the judges 7. Concurring Opinion: A separate opinion prepared by a judge who supports the decision of

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V. A. 1. 2. a. b. c. 3. 4. 5. 6. B. 1. 2. C. 1. VI. A. 1. 2. B. 1.

2. 3. C. 1.

the majority of the court but who wants to make or clarify a particular point or to voice disapproval of the grounds on which the decision was made Dissenting Opinion: A separate opinion in which a judge dissents from (disagrees with) the conclusion reached by the majority on the court and expounds his or her own views about the case The Selection of Federal Judges Judicial Appointments Judicial candidates are suggested to the president by the Department of Judges, senators and other judges or the candidates themselves. The process: President makes the actual nomination transmitting the name to the senate Senate either confirms or rejects the nomination To reach a conclusion the Senate Judiciary Committee invites testimony Senatorial Courtesy: In federal district court judgeship nominations, a tradition allowing a senator to veto a judicial appointment in his or her state Lately, judicial appointments have been a form of political patronage. Fewer federal courts of appeals than federal district courts because the appeal courts have become stepping stones to the Supreme Court For the supreme court, the president nominates and the senate either agrees or disagrees with him. Partisanship and Judicial Appointments President usually chooses a Supreme Court Justice from his party This helps keep the party power in the government longer The Senates Role Ideology plays an important role here too because the senate doesnt agree with the presidents choices 80% of the time. Policymaking and the Courts Judicial Review Established with Marbury v. Madison It is the power of the courts to determine whether a law or action by the other branches of government is constitutional Judicial Activism and Judicial Restraint Judicial Activism: A doctrine holding that the Supreme Court should take an active role by using the powers to check the activities of government bodies when those bodies exceed their authority Judicial Restraint: A doctrine holding that the supreme court should defer to the decisions made by the elected representatives of the people in the legislative and executive branches Judicial Activism is sometimes linked with liberalism and Judicial Restraint is linked with conservatism Strict versus Broad Construction Strict Construction: A judicial philosophy that looks to the letter of the law when interpreting the Constitution or a particular statute

2. Broad Construction: a judicial philosophy that looks to the context and purpose of a law

when making an interpretation

D. Ideology and the Rehnquist Court 1. William H. Rehnquist became the 16th chief justice in 1986, he was known as a strong anchor

for the conservatism wing, he made the court more conservative 2. Today 3 justices are conservative, four are liberal, and 2 are moderate conservative VII. What Checks Our Courts? A. Executive Checks 1. Judicial Implementation: The way in which court decisions are translated into action 2. The supreme court doesnt really have enforcement power, but usually the president and the legislative branch will agree with the supreme court, or there will be a loss of public support for the supreme court stature B. Legislative Checks 1. The courts make the rulings but the legislature is what enforces them. 2. Courts decisions can be overturned by amendments C. Public Opinion 1. Persons affected by a supreme court decision that is noticeably at odds with their views may simply ignore it 2. Public can pressure state and local government officials to refuse to enforce a certain decision. 3. The courts themselves are influences by public opinion to some extent D. Judicial Traditions and Doctrines 1. Supreme court typically exercise self-restraint in fashioning their decisions 2. Courts rarely overrule a precedent 3. Political Question: An issue that a court believes should be decided by the executive or legislative branch 4. Higher courts can reverse the decisions of lower courts, but lower courts can as a check too by ignoring the decisions of higher courts. VIII. The Judiciary: Why Is It Important Today? A. Why? 1. What the courts say and do strongly influences American life and politics 2. Federal courts check attempts by congress that go against the Constitution 3. The Supreme Court Decisions can directly affect the lives of millions of people each day.