Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

Chapter 10 - The American Legal System and the Courts

1,141 views

Published on

Chapter 10 - The American Legal System and the Courts

Published in: Education
  • Be the first to comment

Chapter 10 - The American Legal System and the Courts

  1. 1. POL 140 Fall 2014
  2. 2.  Provide Security  Provide Predictability  Conflict Resolution  Reflect and Enforce Conformity to Societal Values  Distribute Benefits and Allocate Costs of Society
  3. 3.  U.S. system based on English common law  Importance of precedent  Sixth Amendment  "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury..”
  4. 4. SUBSTANTIVE LAW  Actions we can and cannot legally perform under law PROCEDURAL LAW  Establishes procedures used to conduct the law
  5. 5.  Behaviors threatening, harming, or endangering safety of citizens  Crimes against State  Examples: Theft, Assault, Robbery, Murder  Jail time or community service
  6. 6. FELONIES  Murder, arson, burglary, kidnapping  Jail time MISDEMEANORS  Disorderly conduct, trespassing, vandalism  Probation or community service
  7. 7.  Regulate interactions between individuals  Plaintiff sues Defendant  Examples:  Defacing property  Causing physical harm  Breaking contract
  8. 8.  Statutory Law:  Laws made by federal or state legislatures  Administrative Law:  Laws established by bureaucracy
  9. 9.  Article 3, Section 1:  “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish.”
  10. 10.  Judges keep jobs for “good behavior”  Establishes jurisdiction of Supreme Court
  11. 11.  How many members will be on the Supreme Court?  Will there be lower courts?  What actual powers will the judiciary have?
  12. 12. STATE SUPREME COURT TRIAL COURT APPELLATE COURT
  13. 13.  Trial Court  Cases heard for first time (original jurisdiction)  Court of Appeals  Hear appeals from trial courts  State Supreme Court  All decisions are final unless federal question
  14. 14. . U.S. SUPREME COURT APPELLATE COURTS DISTRICT COURTS
  15. 15. DISTRICT COURTS  94 trial courts of federal system  Original jurisdiction over Constitutional questions APPELLATE COURTS  12 Circuit Courts  Appellate jurisdiction; Cases from lower courts
  16. 16.  Politics vs. Court Integrity  What would you have decided if you had been a justice on the Marshall Court?
  17. 17.  Establishment of Judicial Review  Power of courts to determine whether a law or parts of laws are constitutional  Check on President and Congress
  18. 18. Since the 1930s, the Supreme Court has been active on a number of important political and social issues.
  19. 19. Gerald Ford John Paul Stevens
  20. 20.  Nominee’s Ideological and Policy Preferences  Judicial Competence  Demographic Factors  Political Environment
  21. 21.  Views hot-button issues could tip the Court (and future decisions) in president’s favor
  22. 22.  Nominating someone seen as generally qualified can quicken confirmation process George W. Bush nominating White House Counsel Harriet Miers for a vacancy on the Supreme Court. Miers eventually withdrew her nomination.
  23. 23. Thurgood Marshall Sandra Day O’Connor Sonia Sotomayor
  24. 24.  What factors should a president consider?  Approval Rating  Senate Control  Legislative Goals
  25. 25. ORIGINAL JURISDICTION  Straight to Supreme Court  Many types of cases APPELLATE JURISDICTION  Heard via appeal from lower court  Majority of cases  Writ of certiorari : Court agrees to review a case on appeal
  26. 26.  Four justices must agree hear a given case (“Rule of Four”)  Who else has influence over the Court?  Solicitor General  Amicus curiae briefs
  27. 27.  Legal Model  Focus on legal principles  Judicial Restraint vs. Judicial Activism  Attitudinal Model  Focus on policy preferences  How we do know preferences? (Party of President)  Strategic Model  Focus on strategic considerations  Justices’ decision-making; political environment
  28. 28.  Majority Opinion  Role of Chief Justice in opinion assignment  Plurality Opinion  Absence of majority (4-3-2 decision)  Agree on ruling, but NOT on exact reasoning  Concurring Opinion  Agree with ruling; Disagree with reasoning  Dissenting Opinion  Disagree with ruling; Disagree with reasoning

×