PS 101 The Federal Judiciary

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PS 101 The Federal Judiciary

  1. 1. The Federal Judiciary Dr. Christopher S. Rice
  2. 2. Judiciary Act of 1789
  3. 3. Trial Courts or U.S. District Courts (94)
  4. 4. Appellate Courts or U.S. Courts of Appeals (13) Trial Courts or U.S. District Courts (94)
  5. 5. U.S. Supreme Court (1) Appellate Courts or U.S. Courts of Appeals (13) Trial Courts or U.S. District Courts (94)
  6. 6. Supreme Court of the United States
  7. 7. Congress and the Supreme Court
  8. 8. Precedent A judicial decision that serves as a rule for settling subsequent cases of a similar nature.
  9. 9. Stare Decisis Doctrine of closely following precedent as the basis for legal reasoning.
  10. 10. “I’m going to take this all the way to the Supreme Court!”
  11. 11. Writ of Certiorari Order from the Court to lower courts demanding that they send up a complete record of a case.
  12. 12. The “Rule of Four”
  13. 13. Oral Arguments
  14. 14. Amicus Curiae briefs “Friend of the Court”
  15. 15. Written Opinions
  16. 16. Majority Opinion (aka the “opinion of the court”) Statement of the legal reasoning that supports the decision of the majority of the court.
  17. 17. Concurring Opinion Opinion of a justice or justices who support the majority decision but have different legal reasons for doing so.
  18. 18. Dissenting Opinion The reasoning of the minority, explaining their dissent.
  19. 19. Remanding to a lower court
  20. 20. Remanding to a lower court
  21. 21. The Problem of Lifetime Appointments
  22. 22. Fixing the Problem of Lifetime Appointments Not-So-Early Fixed Terms Retirement A Balanced Power of the Bench Purse
  23. 23. Fixing the Problem of Lifetime Appointments Not-So-Early Fixed Terms Retirement A Balanced Power of the Bench Purse
  24. 24. Fixing the Problem of Lifetime Appointments Not-So-Early Fixed Terms Retirement A Balanced Power of the Bench Purse
  25. 25. Fixing the Problem of Lifetime Appointments Not-So-Early Fixed Terms Retirement A Balanced Power of the Bench Purse
  26. 26. Fixing the Problem of Lifetime Appointments Not-So-Early Fixed Terms Retirement A Balanced Power of the Bench Purse
  27. 27. Fixing the Problem of Lifetime Appointments Not-So-Early Fixed Terms Retirement A Balanced Power of the Bench Purse
  28. 28. Judicial Review the power of the Court to rule on the constitutionality of state, federal laws and executive actions.
  29. 29. Marbury v. Madison (1803)

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