《美国政府与政治》（英文版） Chapter 12 The Judiciary

Chapter 12 The judiciary

Chapter 12 The Judiciary

The Common law Tradition common law-judge made law that originated in England and was derived from prevailing customs precedent -a court ruling bearing on subsequent legal decisions in similar cases emanates from stare decisis, or standing on decided cases

The Common Law Tradition common law – judge made law that originated in England and was derived from prevailing customs precedent – a court ruling bearing on subsequent legal decisions in similar cases - emanates from stare decisis, or standing on decided cases

Sources of American law Constitutions United States Constitution State Constitutions Statutes and Administrative Regulations C ase Law

Sources of American Law Constitutions - United States Constitution - State Constitutions Statutes and Administrative Regulations Case Law

Basic judicial requirements Jurisdiction A Federal Question or Diversity of Citizenship

Basic Judicial Requirements Jurisdiction A Federal Question or Diversity of Citizenship

FIGURE 12-1 The Federal Court System upreme Court of the Unlted states courts of Appeals Courtof Appeals for the Federal cIrcult DIstrIct Territorial Federal court of court of Court of courts Courts cour ts Regulatory Internatonal Federal veterans Agencies Trade clalms Appeals Bankruptcy Courts

Which Cases reach the Supreme court o a subjective process, but certain factor increase a cases chances o when two lower courts are in disagreement o when a lower court sruling conflicts with an existing Supreme Court ruling o when a case has broad significance o when a state court has decided a substantial federal question o when the highest state court holds a federal law invalid, or upholds a state law that has been challenged as violating a federal law o when a federal court holds an act of Congress unconstitutional o when the solicitor general is pressuring the Court to hear a case

Which Cases Reach the Supreme Court ? • a subjective process, but certain factor increase a case’s chances o when two lower courts are in disagreement o when a lower court’s ruling conflicts with an existing Supreme Court ruling o when a case has broad significance o when a state court has decided a substantial federal question o when the highest state court holds a federal law invalid, or upholds a state law that has been challenged as violating a federal law o when a federal court holds an act of Congress unconstitutional o when the solicitor general is pressuring the Court to hear a case

Types of court decisions opinion unanimous majorit concurring dissenting o affirm o reverse o remand

Types of court decisions opinion - unanimous - majority - concurring - dissenting o affirm o reverse o remand

FIGURE 15-2 Geographic Boundaries of Federal District Courts and Circuit Courts of Appeals No Dakota Hinesol District of Columbia Kansas C D.C Circuit Federal Circuit New arba Alaska District boundaries SOURCE Adrminisratiwe Cfce of The Univd SAks Courts

Ways in Which Courts Make Policy judicial review -the power of the courts to declare the acts of governmental officials unconstitutional judicial activism -taking a broad view of the Constitution and using power to direct policy towards a desired goal judicial restraint -rarely using judicial review and limiting judicial action in the policy process

Ways in Which Courts Make Policy judicial review – the power of the courts to declare the acts of governmental officials unconstitutional judicial activism – taking a broad view of the Constitution and using power to direct policy towards a desired goal judicial restraint – rarely using judicial review and limiting judicial action in the policy process

TABLE 12-1 Background of Supreme Court Justices to 2004 NUMBER OF JUSTICES Occupational Position before Appointment Private legal practice 25 State judges 21 Federal judgeship U.S. attorney general assistant U.S. attomey gener U.S. solicit ral Federal exective post Religious Bac Protestant religious affiliation Age on Appointment Under +0 41-50 51-60 Political Party Affiliation Federalist (to 1835) Thig (to 1861) 44 92 Not a college graduate Female White 1oO African amercan SouRcEs: Caneressionl Qunrtery, Comwessind Qumtarby's Gaide oo the U.S. Supren Cour (Wahington DC: Congressional Gunned Press, 1996); and authrs upte