Chapter 12
The Judiciary
The Common Law Tradition
common law – judge made law that originated
in England and was derived from prevailing
customs
precedent – a court ruling bearing on
subsequent legal decisions in similar cases
- emanates from stare decisis,or standing on
decided cases
Sources of American Law
Constitutions
- United States Constitution
- State Constitutions
Statutes and Administrative Regulations
Case Law
Basic Judicial Requirements
Jurisdiction
A Federal Question
or
Diversity of Citizenship
Which Cases Reach the Supreme
Court?
? a subjective process,but certain factor increase a
case’s chances
o when two lower courts are in disagreement
o when a lower court’s ruling conflicts with an existing Supreme
Court ruling
o when a case has broad significance
o when a state court has decided a substantial federal question
o when the highest state court holds a federal law invalid,or upholds
a state law that has been challenged as violating a federal law
o when a federal court holds an act of Congress unconstitutional
o when the solicitor general is pressuring the Court to hear a case
Types of court decisions
opinion
- unanimous
- majority
- concurring
- dissenting
o affirm
o reverse
o remand
Ways in Which Courts Make
Policy
judicial review – the power of the courts to declare
the acts of governmental officials unconstitutional
judicial activism – taking a broad view of the
Constitution and using power to direct policy
towards a desired goal
judicial restraint – rarely using judicial review and
limiting judicial action in the policy process
Checks on the Judiciary
Executive Checks
- judicial implementation
- appointments
Legislative Checks
- Appropriation of funds to carry out rulings
- Constitutional amendments
- Amending laws to overturn court’s rulings
Public Opinion
- Sometimes can ignore decisions
- pressure for non-enforcement
- influence judicial opinions
Judicial Self-Restraint
- narrow focus of judicial questions
- stare decisis
- tradition of restraint
Hot Links to Selected Internet
Resources,
? Book’s Companion Site,
http://politicalscience.wadsworth.com/schmidtbrie
f2004
? Wadsworth’s Political Science Site,
http://politicalscience.wadsworth.com
? The Federal Judiciary,http://www.uscourts.gov
? Supreme Court of the United States,
http://supremecourtus.gov
? FindLaw,http://www.findlaw.com
The Judiciary
The Common Law Tradition
common law – judge made law that originated
in England and was derived from prevailing
customs
precedent – a court ruling bearing on
subsequent legal decisions in similar cases
- emanates from stare decisis,or standing on
decided cases
Sources of American Law
Constitutions
- United States Constitution
- State Constitutions
Statutes and Administrative Regulations
Case Law
Basic Judicial Requirements
Jurisdiction
A Federal Question
or
Diversity of Citizenship
Which Cases Reach the Supreme
Court?
? a subjective process,but certain factor increase a
case’s chances
o when two lower courts are in disagreement
o when a lower court’s ruling conflicts with an existing Supreme
Court ruling
o when a case has broad significance
o when a state court has decided a substantial federal question
o when the highest state court holds a federal law invalid,or upholds
a state law that has been challenged as violating a federal law
o when a federal court holds an act of Congress unconstitutional
o when the solicitor general is pressuring the Court to hear a case
Types of court decisions
opinion
- unanimous
- majority
- concurring
- dissenting
o affirm
o reverse
o remand
Ways in Which Courts Make
Policy
judicial review – the power of the courts to declare
the acts of governmental officials unconstitutional
judicial activism – taking a broad view of the
Constitution and using power to direct policy
towards a desired goal
judicial restraint – rarely using judicial review and
limiting judicial action in the policy process
Checks on the Judiciary
Executive Checks
- judicial implementation
- appointments
Legislative Checks
- Appropriation of funds to carry out rulings
- Constitutional amendments
- Amending laws to overturn court’s rulings
Public Opinion
- Sometimes can ignore decisions
- pressure for non-enforcement
- influence judicial opinions
Judicial Self-Restraint
- narrow focus of judicial questions
- stare decisis
- tradition of restraint
Hot Links to Selected Internet
Resources,
? Book’s Companion Site,
http://politicalscience.wadsworth.com/schmidtbrie
f2004
? Wadsworth’s Political Science Site,
http://politicalscience.wadsworth.com
? The Federal Judiciary,http://www.uscourts.gov
? Supreme Court of the United States,
http://supremecourtus.gov
? FindLaw,http://www.findlaw.com
