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Action of the Judiciary

Wilson 16B. Action of the Judiciary. Structure . Supreme Court Required by Article III Lower Federal Courts Created by Congress Constitutional 94 districts 12 appellate Legislative Much increased in number. Selecting Judges. Party effect Ideology Facts of the case Prior rulings

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Action of the Judiciary

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  1. Wilson 16B Action of the Judiciary

  2. Structure • Supreme Court • Required by Article III • Lower Federal Courts • Created by Congress • Constitutional • 94 districts • 12 appellate • Legislative • Much increased in number

  3. Selecting Judges • Party effect • Ideology • Facts of the case • Prior rulings • Lawyers’ arguments • Senatorial courtesy • “Blue slip” • Not for Supreme Court • “Litmus Test”

  4. Jurisdiction • Dual court system • Federal – from Constitution • Federal-question cases • Diversity cases • State – all else • Dual sovereignty doctrine • Each level has the right to enact laws serving its own purpose • Neither level wants the other to block prosecution

  5. Supreme Court • Most start in federal districts • Petition for repeal • Writ of certiorari • Lawyers submit briefs • Oral arguments • Amicus curiae • Conference • Closed debate • Vote and opinion

  6. Getting to court • Filing is easy and cheap • Standing – one is entitled to bring a case • Sovereign immunity – cannot sue government without consent • Process is long and expensive • In forma pauperis • Fee shifting • Class action suits

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