POLS CH. 12 pdf - notes PDF

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Ch. 12 The Federal Courts 1. The Legal System

- court cases proceed under two broad categories: Criminal and Civil Law - criminal law: the branch of law that regulates the conduct of individuals, defines crimes, and specifies punishments for criminal acts

- government charges people for violating a statue (law) that is intact to protect the public health, safety, morals or welfare

- government is always the plaintiff and the individual is the defendant - civil law: the branch of law that deals with disputes that do not involve criminal penalties

- the losers cannot be fined or incarcerated, but they may be forced to pay monetary damages for their actions

- in deciding cases, courts apply laws and legal precedents (prior cases who's principals are used)

- Precedent - precedent: a prior case whose principles are used by judges as the basis for their decision in the present case

- it is applied under the doctrine of stare decisis (let the decision stand) 2. Types of Courts

- trial court: the first court to hear a case (federal court) - there are 94 federal district courts - appellate court: courts of appeals (federal court) - there are 13 appellate courts - negotiations are usually made between the two parties in civil cases called plea bargains

- the federal courts hear cases involving federal laws, treaties with other nations, or the US Constitution

- official jurisdiction (the sphere of a court’s power and authority) are made in these courts

- article III of the Constitution: gives the Supreme Court original jurisdiction in limited variety of classes

- defendants who have been convicted in a state court may request a writ of habeas corpus (needing proof for their cause for their detention)

- Supreme Court is the highest court in the nation; the court of last resort - the chief justice presides over the Court’s public sessions and conferences and is the first to speak and vote

3. Federal Judges

- federal judges are nominated by the president and confirmed by the Senate - senatorial courtesy is a process where the president consults senators from the nominee’s state to get their blessing

- there are no formal qualifications for service as a federal judge 4. Judicial Review

- in U.S Supreme Courts - judicial review: the power of courts to review and, if necessary, declare laws or executive actions or rules invalid or unconstitutional

- the Constitution does not mention judicial review - this power comes from Marbury vs Madison (1803) - in the States - the Supreme Court can review the constitutionality of state law (supremacy clause) - the court has used the power of judicial review to strike down state laws that violated due process or civil rights

- in the President - Hamdi vs. Rumsfeld (2004) - access to lawyer is a fundamental right

- Boumediene vs. Bush (2008) - Habeas corpus is a fundamental right 5. Judicial Activism vs. Judicial Restraint

- judicial activism: believe that the court should go beyond the words of the Constitution or a law to consider the broader societal implications of its decisions

- judicial restraint: refuse to go beyond the clear words of the constitution in interpreting the document’s meaning

- political question doctrine 6. The Supreme Court’s Procedures

- Preparation - the decision is hear a case is based on parties briefs - briefs: written documents in which attorneys explain why a court should find in favor of their client

- amicus curiae briefs (friend of the court) are written by a solicitor general to suggest assistance to the court in making a decision

- oral argument - attorneys for both sides appear before the court to present their positions and answer the justices’ questions

- the Conference - justices meet in private and hold an initial vote - a decision is reached on the basis of a majority vote - Opinions - after a decision is reached, one justice in the majority is assigned to write the opinion - Dissent - judges who disagree with the majority may choose to publicize their disagreement in a dissenting opinion

- Explanation of Supreme Court Decision

- institutional interests - judicial philosophy and ideology

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