Steven Tsay

Ap us gov
3/20/2016
Chapter 14

The federal judiciary includes the supreme court of the United States, which
functions mainly as an appellate court; courts of appeals, which hear appeals;
and the district courts, which hold trials.
Judicial decisions are constrained by applicable constitutional law, statutory
and administrative law, and precedent
o Judges political official as well as legal ones
The judiciary has become an increasingly powerful policymaking body in
recent decades, raising the question of the judiciarys proper role in a
democracy
Judicial restraint v.s Judicial activism

1. Federal judicial system

a. Congress can determine number of lower federal courts and types
b. Federal judges appointed by president, majority by senate
i. No requirements, office term indefinite, except impeachment
2. The supreme court of the U.S
a. 9 members chief justice presides the case
b. Jurisdiction: authority to hear different cases

i. Original jurisdiction : first one to hear case

ii. Appellate jurisdiction
1. Review cases that people not satisfied with, lower to
upper court
2. Does not retry, only with evidence given if it is accordance
with law
3. Congress can create exceptions to sc appellate
jurisdiction
c. Selecting and deciding cases
i. Judicial review- declare something unconstitutional
1. Not addressed in the constitution
ii. Precedent- subsequent case ruling- general guideline lower
courts should follow
iii. 4 justice agree to take case
iv. Court Writ of certiorari
1. Solicitor general request it
2. Usually government v.s some other organization
v. Cases usually tired because of previously unclear legal issues
1. Inconsistent rulings
vi. Most (75%) court rulings revert previous rulings
vii. Chief justice speak first, proceedings are secret
d. Issuing decisions and opinions
i. Decision- which party the court supports
ii. Opinion- legal basis
1. Senior justice or chief justice decides who writes opinion
2. Types of opinion
a. Plurality opinion: most justice agree with on the
winning side

3.
4. Chief justice John G. Roberts, Jr.
a. Concurring opinion: agree with the winning side but
have different reasoning
b. Dissenting opinion: minority side explain why
e. Other federal courts

i. Us district courts
1. Lower federal courts federal system courts 94 courts
around 700 judges, 1 judge each case
ii. US courts of appeals
1. Second leve courts, district courts appealed,
2. No juries, judges
3. No new evidence
4. 13 courts, districts- states brand up 1 is DC, 1
5. 1 US court of appeals for the federal circuit
a. Patent and international trade
iii. Soecial us courts
1. Us claims courts- government sued for damage
2. Court of international trade- US custom office rulings
3. Us court of military appeals military court martial cases
f. State courts
i. Court system, each state can determine the structure/scope
1. Judges selection
a. Some government appointed, some elected,
b. Some merit plan- applicable judges make it to a list,
governor can only choose from the list
ii. Most cases are state court cases
iii. Federal court can rule a state court to try the case as a federal
scope
g. Federal court nominees
i. 20% of federal court judges rejected by congress
ii. Lower court nominees
1. Deputy attorney general find nominees
2. Senatorial courtesy- the senator has a say if same party
with the president
h. Personal background
i. Most form appellate courts
ii. More women and minorities
3. Nature of judicial decision making
a. Article III can only issue decision in response to case presented to it
b. Cant go off topic, pertain only to the facts of the case
c. Ruling only binding on the parties involved
d. Statutory law
i. Administrative law set by governmental regulatory agencies
instead of the legislature
ii. Courts are also bound by statutory law
e. Congress can rewrite legislation if it feels the judiciary has
misinterpreted
4. Originalism Theory vs. Living Constitution Theory
a. ORGININALISM THEORY
i. Constitution should be interpreted reasonably
1. Wording exact
b. Living constitution theory
i. Adaptable with time
5. Judicial restraint v.s judicial activism
a. Judicial restraint- respect leglislature, precedent

b. Judicial activism
i. Precedent not as important

ii.