Docstoc

Judiciary

Document Sample
Judiciary Powered By Docstoc
					                  Judiciary
                     
 Objective
   The students will be able to describe how the Supreme
    Court system operates with its appointment process and
    checks and balances.

 Assign Yourself
   How is the Supreme Court structured so that it is not
    influenced by public opinion? Do you think it’s a good
    idea? Why or why not?

 Do Now
   Prepare for the quiz
                     Judiciary
                        
 Objective
    The students will be able to describe how the Supreme Court
     system operates with its appointment process and checks and
     balances.

 Assign Yourself
    How is the Supreme Court structured so that it is not
     influenced by public opinion? Do you think it’s a good idea?
     Why or why not?

 Do Now
    Why do you think the framers decided that the Supreme Court
     justices will not be elected by the people? Is it a good idea or
     not?
                      Reading the
                     Constitution…
                           
       Find any guidelines of the Judicial Branch

       Why would Anti-federalists be concerned with the
        Supreme Court described in the Constitution?




The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.
         The Constitution and the Creation of
                the Federal Judiciary
                                        
       Framers devoted little time to the creation of the
        judiciary.
           Believed it posed little of the threat of tyranny they
            feared from the other two branches.
           Anti-federalists did see the judiciary as a threat.
       Framers left it to Congress to design the federal
        judiciary.



The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.
          Judiciary Structure: District Courts
                                        
       Created by the Congress
       Trial courts (with juries, litigants)
       Original jurisdiction
           The federal Constitution, federal statutes and treaties
           Maritime law
           Civil cases involving the US government and a citizen
           Civil cases between citizens of more than one state if the
            amount in question exceeds $50,000
           Supervision of bankruptcy proceedings
           Review of the actions of some regulatory agencies
       Most of the civil and criminal cases are held in state courts
           Most settled out of courts
The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.
         Judicial Structure: Court of Appeals
                                        
      The losing party in a case heard and decided in a federal
       district court can appeal the decision to the appropriate court
       of appeals.
          Writ of Habeas Corpus
          11 numbered circuit courts
          Twelfth, D.C. Court of Appeals
              Handles most appeals involving federal regulatory commissions
               and agencies
          Thirteenth, U.S. Court of Appeals for the Federal Circuit
              Deals with patents and contract and financial claims against the
               federal government
      Have no original jurisdiction
      Try to correct errors of law and procedure that have occurred
       in the lower courts or administrative agencies
      Hear no new testimony.

The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.
   The Structure of the Federal Judicial System




The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.
         The Structure of the
        Federal Judicial System
                  




The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.
            Judiciary Structure: US Supreme
                          Court
                                        
       9 justices – 1 Chief Justice, 8 Associate Justices
       Supreme Court decides which cases it will hear
       Some original jurisdiction, but mostly appellate
        jurisdiction.
       Most cases come from the federal courts
       Most cases are civil cases




The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.

        How Does a Case Survive the Process?

                               the Court accepts:
      Characteristics of the cases
          The federal government is the party asking for review.
              Solicitor General – What does he do?
          The case involves conflict among circuit courts.
          The case presents a civil rights or civil liberties question.
          The case involves ideological and/or policy preferences
           of the justices.
          amicus curiae briefs.



The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.
                       The Courts as
                       Policymakers
      Accepting Cases
          Use the “rule of four” to choose cases. What is the rule of four?
          Issues a writ of certiorari to call up the case.
              re-examination of actions of a trial court, or inferior appeals
               court.
              petition for writ of certiorari
          Very few cases are actually accepted each year.




The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.
                  Judicial Policy Making and
                        Implementation
                                        
       Policy making:
           More than one hundred federal laws have been
            declared unconstitutional.
           Ability to overrule itself
           Judicial Review
               Marbury v. Madison




The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.
         Writ of Habeas Corpus
                   
       A habeas corpus petition is a petition filed with a
        court by a person who objects to his own or another's
        detention or imprisonment
           Check executive branch
           Federalism




The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.
              Supreme Court and Public
                     Opinion
                                        
       Insulation
             Appointed
             Life terms
             Salaries cannot be reduced
             Court’s ability to set its own agenda
             Limited access to court’s proceedings




The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.
              Supreme Court and Public
                     Opinion
                                        
       Influence
             Appointment process
             Reliance on other organizations for execution
             Supreme court can be overruled with new laws
             Reputations of the Court and individuals
             Impeachment potential
             Congress’s check on Supreme Court




The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.
                    Interest Groups
                           
       Interest Group’s Influence on Nomination
           Campaign funds
           Lobbying the Senate or judicial committee
           Use of media

       Interest Group’s influence on Supreme Court Cases
           Amicus Briefs




The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.
          Mr. Pearson was arrested last night for
       trafficking and selling illegal drugs in Texas
                      and Oklahoma
                                        
                 Which court has the jurisdiction over this case?




The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.
        Mr. Pearson was taken to a district court in
         Sherman, TX, where he was convicted of
        felony and sentenced to 10 years in prison.
                                        
       If him and his lawyers wish to appeal, where do they have to take
                                   the case?




The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.
       In prison, Mr. Pearson has not lost hope. He
         still believes his civil liberty was violated
                     and looks to appeal.
                                        
               What can he and his lawyer do to appeal this case?




The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.
         Mr. Pearson and his lawyer appeal to the
        Appellate Court regarding illegal search of
          his car by the police. The US Court of
        Appeals rule against Mr. Pearson and the
          decision by the District Court stands.
                                        
                 What can Mr. Pearson and his lawyer do now?




The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.
        In US Supreme Court, the 9 Justices look at
         the petition for writ of certiorari from Mr.
                      Pearson and his lawyer.
                                        
          How many justices is required to write the writ of certiorari?




The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.
         4 Justices agrees to writ of certiorari and
        brings up Mr. Pearson’s case. To influence
           the Court in favor of Mr. Pearson, the
       interest groups known as Civil Liberty First
                 submits briefs to the court.
                                        
                              What is this brief called?




The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.
        US Supreme Court ultimately rules against
           Mr. Pearson and he is sent to prison.
                                        
                                  Say no to drugs




The students will be able to describe how the Supreme Court system operates with its
appointment process and checks and balances.

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:9
posted:4/23/2011
language:English
pages:24