Gov- Chapter 16 (Presentation)

The government charges an individual with violating specific laws.
Click the card to flip 👆
1 / 63
Terms in this set (63)
Article I courts created by Congress for special purposes. Judges have fixed terms and lack protections against removal or salary reductions.Legislative CourtsJurisdiction of courts that hear a case first, usually in trial. Determine facts about a case.Original JurisdictionCourts hear cases on appeal from lower courts. Do not review factual record, only the legal issues involved.Appellate JurisdictionThe 91 federal courts of original jurisdiction. They are the only federal courts in which trials are held and in which juries may be impaneled. 678 judges preside over cases alone, rare cases require a 3 judge court, and each court has between 2 and 28 judges.District CourtsFederal crimes; federal civil suits; civil suits between citizens of different states over $75,000; bankruptcy proceedings; review actions of some federal administrative agencies; admiralty and maritime law cases; and supervision of the naturalization of aliens.Jurisdiction of District CourtsMost cases are routine, and few result in policy innovations. Usually judges do not publish their decisions. The loser in a case only has to request an appeal to get one.Decisions of District Courtsempowered to review all final decisions of district courts, except in rare cases, and also hear appeals to orders of many federal regulatory agencies.Appellate courtsAbout 75 percent of 61,000 cases filed in courts of appeal yearly come from _______ courts.district(Courts of Appeal) United States is divided into ____ __________ ______, including one for the District of Columbia.12 judicial circuits(Court of Appeal) Each circuit serves at least __ states and has between 6 and 28 permanent circuit judges (178 in all), depending on the amount of judicial work in the circuit.2,Courts of Appeal (cont.) Each court of appeal normally hears cases in rotating panels consisting of __ judges but may sit en banc (with all judges present) in important cases. Decisions in either arrangement are made by ________ ________ of the participating judges.3, majority voteComposed of 12 judges to hear appeals in specialized cases, such as those regarding patents, claims against the United States, and international trade.U.S. Court of Appeals for the Federal CircuitCourts of Appeal (cont.) Correct _______ of procedure and law made in original cases. Hold no _______ and hear no ______. Decisions - Set _______for all the courts and agencies within their jurisdictions.errors, trials, testimony, precedent- Top of judicial system and has 9 justices to make decisions. - ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law. -Has both original jurisdiction and appellate jurisdiction.Supreme CourtThe Supreme Court (cont.) - Cases involving foreign diplomats and cases involving a state.Original JurisdictionThe Supreme Court (cont.) -Cases from U.S. Courts of Appeal, Court of Appeals for the Federal Circuit, Legislative Courts, and State Courts of Last Resort.Appellate JurisdictionThe Lower Courts: District court nominees are usually not confirmed if opposed by senator of the president's party from state the nominee will serve.Senatorial CourtesyThe Lower Courts: Courts of appeal nominees are not confirmed when opposed by a _______ of the president's party who is from the nominee's state.senatorPresidents have failed ___% of the time to appoint the nominees of their choice to the Supreme Court.20Nominations are likely to run into trouble if president (1) party is in the Senate ________, (2) makes a nomination at the _____ of their terms, (3) views are more distant from the norm in the Senate, and (4) nominee faces ________ or ______ questions.minority, end, competence, ethicsBackgrounds of Federal Judges: They are all ______ (although this is not a constitutional requirement), and they are overwhelmingly ______ ______. They have typically held office as a _______ or _________, and often they have been involved in partisan politics.lawyers, white males, judge, prosecutorBackgrounds of Federal Justices (cont.) All SC justices have been ______. All but ____ (Marshall, O'Connor, Thomas, Ginsburg, Sotomayor, and Kagan) have been white males. Most age 50s and 60s when they took office, from upper-middle or upper class, and ______________.lawyers, 6, ProtestantsBackgrounds of Federal Justices (cont.) Most held high administrative or judicial positions. Most have experience as a judge at ________ level, and many worked for _______ _________. Some held elective office, had no government service, or had no previous judicial experience.appellate, Justice DepartmentBackgrounds of Federal Justices (cont.) __________ influences judicial selection. 13 of 112 members of the Supreme Court have been nominated by presidents of a ________ ________ __% of nominees are members of the president's party.Partisanship, different party, 90Backgrounds of Federal Justices (cont.) 13 nominees shared the president's ___________, but were not from president's party. Presidents want to appoint to the federal bench people who share their views because they want _______ they agree with.ideology, policies3rd ranking Justice Department office and in charge of the court appeals made by the federal government.Solicitor GeneralDecides what cases to appeal, review and modify the briefs, represent federal government before the Supreme Court, and submit amicus curiae briefs.Solicitor GeneralSUPREME COURT: Making Decisions Briefs submitted by both sides and ___________ _______ briefs filed. Oral argument - 1 hour _______. Conference - Discuss case, vote, and assign opinion writing. Opinions drafted and circulated for comments. Decision announced.amicus curiae, hearing,Making Decisions (cont.) Statement of legal reasoning behind a decision. Majority opinion - 5 justices.OpinionMaking Decisions (cont.) Justices opposed to majority decision.Dissenting opinionsMaking Decisions (cont.) 5 justicesMajority opinionMaking Decisions (cont.) Support a majority decision but stress a different constitutional or legal basis for the judgment.Concurring opinionsMaking Decisions (cont.) Phrase meaning "let the decision stand."Stare DecisisMaking Decisions (cont.) Most cases in appellate courts are settled on _______ ________stare decisisMaking Decisions (cont.) How similar cases have been decided in the past. Lower courts are expected to follow these of higher courts in their decision making.PrecedentImplementing Court Decisions How and whether court decisions are translated into actual policy.Judicial implementationImplementing Court Decisions Courts rely on other government units to enforce decisions. Judicial implementation involves the ________, ____________, and ___________ populations.interpreting, implementing, consumerPolicy Eras of Supreme Court Until the ________ ________, dominant questions before the Court concerned slavery and strength and legitimacy of the federal government, and latter issues were resolved in favor of the ___________ of federal government.Civil War, supremacyPolicy Eras of Supreme Court (cont.) From the Civil War until _______, questions of the relationship between the federal government and the _________ predominated, and the Court restricted the power of the federal government to regulate it.1937, economy,Policy Eras of Supreme Court (cont.) Since 1938, personal _________ and social and political ________ questions have dominated, and the Court has enlarged the scope of personal freedom and civil rights and has removed many of the constitutional restraints on the regulation of the __________.liberty, equality, economyJohn Marshall and the Growth of Judicial Review Marbury v. Madison (1803) - The 1st use of _________ _______.Judicial review- Power of the courts to determine whether acts of Congress and President are in accord with the Constitution.Judicial reviewThe "Nine Old Men" National Industrial Recovery Act was declared unconstitutional because it regulated purely local business that did not affect interstate commerce.Schechter Poultry Corporation v. United States (1935)The Warren Court In this 1954 case, the Court held that laws requiring segregation of the public schools were unconstitutional.Brown v. Board of EducationThe Burger Court Decision holding that a state ban on all abortions was unconstitutional.Roe v. Wade (1973)The Burger Court Ordered Nixon to turn his White House tapes over to the courts.U.S. v. Nixon (1974)Rehnquist and Roberts Courts Decided the 2000 presidential election.Bush v. Gore (2000)Rehnquist and Roberts Courts The Court extended 2nd Amendment's limits on restricting right to bear arms to state and local gun control laws.McDonald v. Chicago (2010)The Scope of Judicial Power Judges play a minimal policymaking role.Judicial restraintThe Scope of Judicial Power Judges make bold policy decisions and even chart new constitutional ground.Judicial activismThe Scope of Judicial Power How courts avoid deciding some cases.Political questionsThe Scope of Judicial Power Courts interpret the act of Congress.Statutory construction_________ ________ hear appeals from the district courts and from many regulatory agencies. They focus on correcting errors of procedure and law that occurred in the original proceedings of legal cases.Circuit courts