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The National Judiciary Chapter 18 page 506

The National Judiciary Chapter 18 page 506. Mr. Burwell 2010-2011. Vocabulary for Ch. 18 .

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The National Judiciary Chapter 18 page 506

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  1. The National JudiciaryChapter 18 page 506 Mr. Burwell 2010-2011

  2. Vocabulary for Ch. 18 • Associate justice, chief justice, defendant, plaintiff, district court, appeals court, jurisdiction, docket, inferior courts, judicial restraint, judicial activism, criminal and civil cases, judicial review, Marbury vs. Madison(518), majority opinion, precedents, concurring opinion, dissenting opinion,

  3. Great Websites: http://www.supremecourt.gov http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/CourtofAppeals.aspx

  4. Article III, Section 1 of the Constitution: ….established the U.S. court system 1788

  5. “The Judiciary” = The Court System From 1781-1788 the new nation had problems: NO Judiciary to help solve disputes

  6. Alexander Hamilton in Federalist #22: “Laws are dead letters without the courts to explain their true meaning and operation.”

  7. The “Dual Court” System: 1) NationalCourts 120+ 2) State Court Systems Thousandsof courts!

  8. The Constitution established the Supreme Court, and…. …Left to Congress the ability to create the “Inferior Courts” as necessary…

  9. The Constitutional Courts: • Supreme Court (One Court with 9 Judges) • U.S. Courts of Appeals (12) • The Federal District Courts (94…@ least one in each state)

  10. Courts of Appeal Districts(#12 Is Washington, DC)

  11. The “District Courts” • Are the Federal Trial Courts • 94 in number • Handle 300,000+ cases/year! • This is 80% of the federal caseload!

  12. Who is in the courtroom? • Plaintiff:person who has “been hurt” or is filing suit • Defendant:person who is accused of wrongdoing or crime

  13. Who can become a Supreme Court Judge? Noformal qualifications, but….. Most are attorneys, professors, former Senators, State Judges, etc.

  14. Technically, almost anyone could be nominated to be a Judge!

  15. How does the President decidewho to nominateto become a Supreme Court Judge? • Looks for a “kindred spirit” • Judge who agree with his views • Someone who will survive “Senate Scrutiny” • Senate has the final vote on the Judge

  16. Judicial Activism(“Liberal”) • Acting BOLDLY • Looking to “modern view” • Looking to make decisions on Civil Rights and Social Issues • Criticized as “Legislating from the Bench”

  17. Judicial Restraint(“Conservative” “Constructivism”) • Apply the text as it is written and go no further (“Original Intent”) • Judges use legal precedent to make decisions. (“stare decisis”) • Usually honor the decisions of lower courts

  18. The Supreme Court: 2010 http://www.supremecourt.gov/about/biographies.aspx Stephen Breyer Interview: http://www.charlierose.com/view/interview/11210

  19. John Roberts (L) & Clarence Thomas

  20. Lifetime Terms • Judges have lifetime terms for several reasons: • Experience is important • Judges don’t have to be concerned with trends and changing opinions of society • Major Power for Presidents: Nominating Judges

  21. Court’s Power of Judicial Reviewestablished: • …by the Marbury vs. Madison case (1803) • Supreme Court: final authority on Constitutional issues!

  22. 13 Federal judges have been impeached • 7 have been convicted.

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