The Judiciary

1. The Judiciary AP U.S. GOVERNMENT & POLITICS - Judiciary

2. Two Types of Cases Criminal The government charges an individual with violating one or more specific laws. Civil The court resolves a dispute between two parties and defines the relationship between them. Nature of the Judicial System AP U.S. GOVERNMENT & POLITICS - Judiciary

3. Question: Are most cases tried and resolved in state or federal courts? Answer: State courts. Nature of the Judicial System AP U.S. GOVERNMENT & POLITICS - Judiciary

4. Participants in the System Litigants The party bringing a charge is known as the . . . PLAINTIFF The party being charged is known as the . . . DEFENDANT Nature of the Judicial System AP U.S. GOVERNMENT & POLITICS - Judiciary

5. Participants in the System Decision Makers People who often decide the outcome of a case . . . JURY Although, in some cases the “decider” is the . . . JUDGE Nature of the Judicial System AP U.S. GOVERNMENT & POLITICS - Judiciary

6. Participants in the System Legal Issues In order to be able to be a plaintiff, one must have sustained, or is likely to sustain, a direct injury . . . “Standing to sue” In addition, a case must be capable of being settled as a matter of law. . . “Justiciable” Nature of the Judicial System AP U.S. GOVERNMENT & POLITICS - Judiciary

7. Participants in the System Groups Non-party groups use the courts to influence policies. File legal briefs to influence court decisions . . . “Amicus Curiae” . . . friend of the court. Nature of the Judicial System AP U.S. GOVERNMENT & POLITICS - Judiciary

8. Participants in the System Attorneys About 1 million in the U.S. Issue: access to an attorney is not equal Nature of the Judicial System AP U.S. GOVERNMENT & POLITICS - Judiciary

9. Three Levels of FederalCourts Structure of the Federal System Supreme Court Courts of Appeal District Courts AP U.S. GOVERNMENT & POLITICS - Judiciary

10. District Courts Are courts of “original jurisdiction” . . . Are the trial court: hear case first and determine the facts. • Total = 91 Courts & 678 Judges Structure of the Federal System AP U.S. GOVERNMENT & POLITICS - Judiciary

11. Courts of Appeal Have appellate jurisdiction . . . Review legal issues in cases brought from lower courts • Do not hear testimony or hold trials, instead focus on errors of procedure and law • Total = 12 judicial circuits & 178 Judges Structure of the Federal System AP U.S. GOVERNMENT & POLITICS - Judiciary

12. The Supreme Court The number of justices is . . . NINE • Mostly appellate jurisdiction (hears appeals) • Most cases are: • * appealed from Federal Courts of Appeal • * Civil cases Structure of the Federal System AP U.S. GOVERNMENT & POLITICS - Judiciary

13. The Supreme Court A few key functions: * Ensures uniformity in interpreting national laws • * Resolves conflicts among states • * Maintains national supremacy in the law Structure of the Federal System AP U.S. GOVERNMENT & POLITICS - Judiciary

14. Reminder: “Supremacy Clause” Article VI, Clause 2 • This Constitution, and the Laws of the United States which shall be made in pursuance thereof; • and all treaties made, or which shall be made, under the authority of the United States, • shall be the supreme law of the land; • and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. Structure of the Federal System AP U.S. GOVERNMENT & POLITICS - Judiciary

15. Appointment of Federal Court Judges • President selects • with “advice & consent” of the . . . • Senate Politics of Judicial Selection AP U.S. GOVERNMENT & POLITICS - Judiciary

16. District Court Appointments • Through “Senatorial Courtesy” • Unwritten tradition . . . • Judge is not confirmed if a senator of the • president’s party from the state where the • nominee will serve opposes the nomination Politics of Judicial Selection AP U.S. GOVERNMENT & POLITICS - Judiciary

17. Supreme Court Appointments • Prospective nominees are usually carefully • screened • Presidents without majority party support in • the Senate will have more difficulty • The Chief Justice can be chosen from a sitting • justice or as a new member of the Court Politics of Judicial Selection AP U.S. GOVERNMENT & POLITICS - Judiciary

18. Supreme Court Appointments • Question: How many nominees are rejected? • 10% • 20% • 33% • 50% Politics of Judicial Selection AP U.S. GOVERNMENT & POLITICS - Judiciary

19. Supreme Court Appointments • Question: How many nominees are rejected? • 20% Politics of Judicial Selection AP U.S. GOVERNMENT & POLITICS - Judiciary

20. Some Recent Nominees Who Didn’t Make It Politics of Judicial Selection AP U.S. GOVERNMENT & POLITICS - Judiciary

21. Politics of Judicial Selection AP U.S. GOVERNMENT & POLITICS - Judiciary

22. Harriet Miers • Nominated by George W. Bush, • She withdrew • after many questioned her qualifications (she had never been a judge), • and after heavy criticism by other Republicans, who believed she would not be conservative enough Politics of Judicial Selection AP U.S. GOVERNMENT & POLITICS - Judiciary

23. Politics of Judicial Selection AP U.S. GOVERNMENT & POLITICS - Judiciary

24. Robert Bork • Nominated by Ronald Reagan • He was attacked for his extreme views • And did not help his case by being argumentative when questioned by the Senate in hearings • The Senate rejected him, 58-42 • Now, whenever a nominee is heavily criticized in hearings, it is referred to as being “Borked” Politics of Judicial Selection AP U.S. GOVERNMENT & POLITICS - Judiciary

25. Politics of Judicial Selection AP U.S. GOVERNMENT & POLITICS - Judiciary

26. Douglas Ginsburg • Nominated by Ronald Reagan • He withdrew • It was discovered that when he was a student in the 60’s and then a professor of law at Harvard in the 70’s, he . . . • Enjoyed a certain illegal leafy substance Politics of Judicial Selection AP U.S. GOVERNMENT & POLITICS - Judiciary