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Chapter 14: The Courts

Unit 2: Your Day in Court is Coming STANDARD 16 A, C ,D. Chapter 14: The Courts. American Government. GPS Standards. SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary.

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Chapter 14: The Courts

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  1. Unit 2: Your Day in Court is Coming STANDARD 16 A, C ,D Chapter 14:The Courts American Government

  2. GPS Standards • SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary. • a. Explain the jurisdiction of the Supreme Court, federal courts and the state courts. • c. Describe how the Supreme Court decides cases. • d. Compare the philosophies of judicial activism and judicial restraint.

  3. Essential Question • How has the judicial branch developed “co-equal” powers to rival the legislative and executive branches?

  4. Organization of Courts • Some Court Fundamentals • Criminal Case: a court case involving a crime, or violation of public order • Civil Case: a court case that involves a private dispute arising from such matters as accidents, contractual obligations, and divorce

  5. Organization of Courts • Some Court Fundamentals • Most cases never go to trial • Plea Bargain: a defendant’s admission of guilt in exchange for a less severe punishment • Settle: parties to litigation resolve a dispute between themselves • Opinion: explanation justifying a judge’s ruling

  6. Organization of Courts • Some Court Fundamentals • Federal court organization • U.S. District Court: a court within the lowest tier of the three-tiered federal court system; a court where litigation begins • U.S. Court of Appeals: a court within the second tier of the three-tiered federal court system, to which the decisions of the district courts ad federal agencies may be appealed for review • The Supreme Court: highest court

  7. Organization of Courts • The U.S. District Courts • Sources of litigation • Federal criminal cases, as defined by national law • Civil cases brought by individuals, groups or the government, alleging violation of national law • Civil cases brought against the national government • Civil cases between citizens of different states when the amount in controversy exceeds $75,000

  8. Organization of Courts • The U.S. Court of Appeals • Appellate Court Proceedings • Based strictly on rulings made and procedures followed in trial court • Usually convene in panels of 3 judges

  9. Organization of Courts • The U.S. Court of Appeals • Uniformity of Law • Court of appeals harmonize decisions within their regions

  10. The Federal and StateCourt Systems, 2004-2005

  11. The Supreme Court • The Supreme Court’s task: providing equal justice under law while making justice the guardian of liberty John Roberts

  12. The Supreme Court • Access to the Court • Sources of Supreme Court cases • Original Jurisdiction: the authority of a court to hear case before any other court does • Appellate Jurisdiction: is the authority of a court to hear cases that have been tried, decided, or reexamined in other courts

  13. The Supreme Court • Access to the Court • Appellate litigation must satisfy two conditions • Case must have reached the end of the line in the state court system • Case must raise a federal question: an issue covered by the U.S. Constitution, national laws or U.S. treaties

  14. Access to and DecisionMaking in the U.S. Supreme Court

  15. The Supreme Court • Decision Making • Attorneys submit briefs; oral arguments may be heard • conferences: chief justice presents cases and his vote, others discuss and vote

  16. The Supreme Court • Decision Making • Judicial Restraint and Judicial Activism • Judicial Restraint: a judicial philosophy whereby judges adhere closely to statutes and precedents in reaching their decision • Judicial Activism: a judicial philosophy whereby judges interpret existing laws and precedents loosely and interject their own values in court decisions

  17. The Supreme Court • Decision Making • Judgment and Argument • Judgment: the judicial decision in a court case • Argument: the heart of a judicial opinion; its logical content separated from facts, rhetoric and procedure • Opinions may be unanimous

  18. The Supreme Court • Decision Making • The Opinion • Chief justice or most senior justice in the majority writes or assigns the majority opinion • Opinion writing is the justices’ most critical function • Opinion drafts are circulated and rewritten to accommodate colleagues

  19. The Supreme Court • The Chief Justice • Important functions • Forms docket • Directs Court’s conferences • Can be a social leader • Can embody intellectual leadership

  20. Judicial Recruitment • The Appointment of Federal Judges • Federal judges hold their commission for life

  21. Judicial Recruitment • The Appointment of Federal Judges • The “Advice and Consent” of the Senate • Senate Judiciary Committee: conducts hearing for each judicial nominee

  22. Diversity on the Federal Courts

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