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The Judicial Branch

The Judicial Branch. Helen Oh Yiyun Kong Janell Ang. The Basics. Courts settle conflict Two types Criminal law Civil law Jurisdiction Original (91 district courts) Appellate (federal judicial circuits) Participants(litigants) P laintiff Defendant Class action suits

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The Judicial Branch

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  1. The Judicial Branch Helen Oh Yiyun Kong JanellAng

  2. The Basics • Courts settle conflict • Two types • Criminal law • Civil law • Jurisdiction • Original (91 district courts) • Appellate (federal judicial circuits) • Participants(litigants) • Plaintiff • Defendant • Class action suits • Justiciable disputes

  3. United States Supreme Court • Highest court in the land • Nine justices • Appointed for life • Resolve conflicts between states • Interpret national law • Original and appellate jurisdiction • Judicial review (Marbury v. Madison) • Cases must have substantial federal question • “rule of four” • Writ of certiorari

  4. Supreme Court Decisions • Cases are heard Oct-June in 2 week cycles • Judges receive written briefs like amicus curiae • Attorneys given 30 minutes to argue • Opinions • Reasoning behind them is important • Majority • Concurring • Dissenting • Stare decisis: “let the decision stand” • Lower courts follow precedent • Can overrule its own precedent

  5. Relations between Government Branches • President • President nominates judges and the Senate confirms the nomination with majority vote • Tradition of senatorial courtesy • Congress • Lower federal courts, district courts, and courts of appeal • Justices may be impeached by Congress • Judiciary Act of 1789 • Bureaucracy • Policy implementation

  6. Linkage Institutions • Interest groups • Seek out litigants (ie. NAACP in Brown v. Board of Education) • Amicus curiae briefs • Public opinion and voters • No influence on decisions made by the court • Media • Reports important problems • Political parties • Presidential appointments

  7. Linkage Institutions • Subnational government • Lower courts • Questioned when constitutional law is/is possibly broken

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