POSC 225- Judiciary Study Guide
POSC 225- Judiciary Study Guide
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This 0 page Class Notes was uploaded by Faith Stackpole on Wednesday January 20, 2016. The Class Notes belongs to a course at James Madison University taught by a professor in Fall. Since its upload, it has received 24 views.
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Date Created: 01/20/16
The Judiciary 0 Introduction De nition ofjudiciary the federal and state court systems charged with resolving legal and personal disputes and interpreting the law Where laws are interpreted and disputes are resolved Legal System The web of institutions and individuals involved in bringing legal and personal disputes to the attention of the courts 0 A judiciary without Power Weakest of all branches Least dangerous to the political rights of the constitution because it will be least in a capacity to annoy or injure them Put the judicial function in an institution that could have to rely on a separate institution the executive to enforce its rulings Judiciary Act of 1789 the act of congress that established the federal court system Appoint ideologically compatible judges usually nominees were from their political party Offer representation to key interest certain religion race ethnicity and gender speci cation to represent everyone equaHy Don t Expect the best They don t always get their top pick Be especially careful when nominating the chief justice 0 Judicial Review De nition of judicial Review the authority of the supreme court to overrule actions of congress or the president by declaring them to be unconstitutional Marbury v Madison The supreme court case heard by the marshal court in 1802 that established judicial review Congress overreached by expanding the court s jurisdiction McCulloch v Maryland Gibbons v Ogden 0 The Court System Three tiered system with the circuit courts functioning as appeals courts Each 50 states have their own court system jurisdiction the authority of a court to hear a case In both federal and state systems most cases originate at the bottom level and are appealed upwards Different types of jurisdiction con icts 1 The United States and the States 2 Two or more states 3 Citizens of different states 4 A state and a citizen of another state 5 Foreign ambassadors Appellate jurisdiction the authority of a high court to hear cases only after the cases originate in the are appealed from a lower court State courts have jurisdiction over most criminal law and civil laws Ex Murders robberies and traf c violations 95 of judges are state judges Trial level is where most cases originate 94 federal district courts Appellate courts hear cases appealed by those who lost at trial level In the federal courts there s 11geographic regions of the country plus a court of appeals for the district of Columbia and one of the federal circuit Federal courts also hear appeals of decisions by independent regulatory agencies Every state has a toptier court usually the nal stop for an appeal US supreme court has the nal word on cases appealed through the federal court systems 3 Supreme 0 I Court Level 5 o o Deciding Cases Oral Arguments Lasts only one hours Held in a relatively small courtroom in the supreme Court building With the robed justices sitting on an elevated podium looking down at the attorneys arguing the two sides of the case Some justices nd oral arguments decisive others nd them useless Conferences Held on Wednesday and Fridays They are private not open to the public They may or may not take a formal vote If they do its understood that their votes may be reversed at any time until the nal decision is written and announced Writing opinions Justices state their vote on a case and state their vote on a case and the reasoning behind it Will exchange drafts of opinions before they re made public as a form of negotiation often making revisions to accommodate other justices they seek to have join them
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