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PS 101 The Federal Judiciary Summer 2008
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PS 101 The Federal Judiciary Summer 2008

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Transcript

  • 1. The Federal Judiciary Dr. Christopher S. Rice
  • 2. How Does One Become a Federal Judge?
  • 3. Judiciary Act of 1789
  • 4. U.S. Supreme Court (1) Appellate Courts or U.S. Courts of Appeals (13) Trial Courts or U.S. District Courts (94)
  • 5. “Specialty Courts”
  • 6. Jurisdiction A court’s authority to hear cases of a particular type.
  • 7. US Federal Courts may hear cases involving:  Cases involving the  Disputes between a state Constitution, federal statutes and citizens of another and treaties. state.  Ambassadors, other public  Disputes between citizens ministers and consuls. of different states.  Admiralty and maritime  Disputes between states issues. (or their citizens) and  Controversies to which the foreign states (or their US government is a party. citizens).  Disputes between two or more states.
  • 8. Trial (District) Courts
  • 9. Original Jurisdiction the authority to be the first court to hear a case.
  • 10. Criminal Law Deals with offenses against society as a whole.
  • 11. Civil Law Regulates obligations between individuals, individuals and government, & individuals and corporations.
  • 12. Appellate Courts
  • 13. Appellate Jurisdiction the authority to hear cases on appeal from lower courts.
  • 14. Appellate Courts vs. Trial Courts • Appellate courts do not hear new cases, just cases on appeal from federal trial courts. • Appeals are based on legal issues rather than questions of factual material. • Do not accept new evidence or hear additional witnesses. • Restrict their review to points of law under dispute.
  • 15. Most appeals courts decisions are final.
  • 16. Precedent A judicial decision that serves as a rule for settling subsequent cases of a similar nature.
  • 17. Stare Decisis Doctrine of closely following precedent as the basis for legal reasoning.
  • 18. Supreme Court of the United States
  • 19. Congress and the Supreme Court
  • 20. “I’m going to take this all the way to the Supreme Court!”
  • 21. Writ of Certiorari Order from the Court to lower courts demanding that they send up a complete record of a case.
  • 22. The “Rule of Four”
  • 23. Oral Arguments
  • 24. Amicus Curiae briefs “Friend of the Court”
  • 25. Written Opinions
  • 26. Majority Opinion (aka the “opinion of the court”) Statement of the legal reasoning that supports the decision of the majority of the court.
  • 27. Concurring Opinion Opinion of a justice or justices who support the majority decision but have different legal reasons for doing so.
  • 28. Dissenting Opinion The reasoning of the minority, explaining their dissent.
  • 29. Remanding to a lower court
  • 30. Judicial Review the power of the Court to rule on the constitutionality of state, federal laws and executive actions.
  • 31. Marbury v. Madison (1803)