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  • 1. Chapter 14: The Judiciary A More Perfect Union 1/e
  • 2. The Judiciary• The Origins of the U.S. Judiciary – The Constitution and the Judiciary Act of 1789: Establishing the Supreme Court and the Federal District Courts – Marbury v. Madison and the Principle of Judicial Review – The Judiciary Act of 1891: Expanding the Federal Courts ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 2
  • 3. The Judiciary• The Basis of U.S. Law – The Language of U.S. Law – Common Law • Historical Basis of Common Law • The Principle of Stare Decisis – Code Law ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 3
  • 4. The Judiciary• Sources of U.S. Law – The Federal and State Constitutions – Statutes – Judicial Decisions – Executive Orders – Administrative Law ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 4
  • 5. The Judiciary• The Federal Court System – Jurisdiction of Federal Courts – The Structure of Federal Courts • Federal District Courts • U.S. Courts of Appeals • Special Courts • The U.S. Supreme Court within the Federal System ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 5
  • 6. ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 6
  • 7. ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 7
  • 8. The Judiciary• Selecting Judges for the Federal Bench – The Senate’s Role in Appointment and Confirmation – Judicial Competence – Ideology and Selection to the Bench – Representation of Demographic Groups ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 8
  • 9. The Judiciary• The U.S. Supreme Court Today – The Supreme Court’s Jurisdiction – Choosing Cases for Review – On the Docket: Considering the Case – Meeting in Conference: The Deliberative Stage – Deciding How to Vote: Voting Blocs on the Court – Writing the Opinion – The Supreme Court Today: The Roberts Court ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 9
  • 10. ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 10
  • 11. ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 11
  • 12. The Judiciary• Judges as Policy Makers – Activism Versus Restraint – Competing Legal Interpretations ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 12
  • 13. ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 13
  • 14. The Judiciary• Checks on U.S. Courts – The Inner Ring: Legislatures and Chief Executives – The Gatekeepers: Participants in the Judicial Process • Law Enforcers’ Checks on the Judiciary • Interest Groups’ Checks on the Judiciary – Intra-Court Constraints – The Outer Ring: The Users ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 14
  • 15. ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 15
  • 16. Chapter SixPursuit of Justice
  • 17. Exhibit 6-1 JusticeSource: Photo copyright © Michael Newman/Photo Edit Inc.
  • 18. Civil Cases Filed in CaliforniaExhibit 6-2Superior Courts 2004 (1.5 million cases)
  • 19. Exhibit 6-3 The Criminal Justice SystemSource: U.S. Dept. of Justice, Bureau of Justice Statistics
  • 20. Exhibit 6-4 California Crime IndexSource: Office of the California Attorney General
  • 21. Criminal Cases Filed in CaliforniaExhibit 6-5Superior Courts 2004-2005 (7.4 million cases)
  • 22. California Crime, Arrests,Exhibit 6-6Convictions, & Incarcerations Indexed to 1980