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13-2 Sources of American Law Constitutions –United States Constitution –State Constitutions Statutes and Administrative Regulations Case Law
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Political Science American Government and Politics
Chapter 13 The Judiciary
13-1
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– emanating from stare decisis, or standing on
decided cases
13-2
Sources of American Law
• Constitutions– United States Constitution– State Constitutions
• Statutes and Administrative Regulations• Case Law
13-3
Basic Judicial Requirements
• Jurisdiction– A Federal Question
or– Diversity of Citizenship
• Standing to Sue– justifiable controversy
13-4
The Federal court System
13-5
Which Cases Reach the Supreme Court?
• a subjective process, but certain factors increase a case’s chances
• when two lower courts are in disagreement• when a lower court’s ruling conflicts with
an existing Supreme Court ruling• when a case has broad significance
13-5b
Which Cases Reach the Supreme Court? (cont.)
• when a state court has decided a substantial federal question
• when the highest state court holds a federal law invalid, or upholds a state law that has been challenged as violating a federal law
• when a federal court holds an act of Congress unconstitutional
• when the solicitor general is pressuring the Court to hear a case
13-6
Types of court decisions• opinion
– unanimous– majority– concurring– dissenting
• affirm• reverse• remand
13-7
Gender and Ethnicity or Race of Appointees to the U.S. Courts of Appeal, by Administration
13-8
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
13-9
Number of Law Regulating Economic and Restricting Civil Liberties and Rights Declared Unconstitutional by the Supreme Court since 1900
13-10
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
13-10b
Checks on the Judiciary (cont.)
• Public Opinion– Sometimes can ignore decisions– pressure for non-enforcement– influence judicial opinions
• Judicial Self-Restraint– tradition of restraint– narrow focus of judicial questions– stare decisis