Unit 2 Outline - The Judiciary

The American legal
system was shaped by the need for a structured government following independence from British rule.
The Founding Fathers adopted constitutions as the foundation for U.S. law to establish clear limitations on government powers and protect individual rights.
The English legal traditions were abandoned as they were perceived as outdated and incompatible with the new American ideals of democracy and self-governance.

Primary Sources of Law: Include constitutional law, statutory law, administrative law, and case law.
Constitutional Law: Based on the U.S. Constitution, the supreme law of the land.
Statutory Law: Enacted by legislative bodies.
Administrative Law: Rules and regulations made by government agencies.
Case Law: Established by court decisions and interpretations.

The federal system consists of district courts, circuit courts (Court of Appeals), and the Supreme Court.
U.S. Court of Appeals: Intermediate appellate courts that review decisions from district courts.
Supreme Court: The highest court, primarily reviewing significant cases that involve constitutional issues or lower court rulings.
Need for Two Courts of Appeals: The U.S. has multiple appellate courts to distribute the workload and allow for regional legal interpretations.
Writ of Certiorari: The Supreme Court does not hear every case; it selects cases based on significance. Acceptance rate is typically around 1% of appeals.
Cases not granted a writ of certiorari are typically left to the decision of lower courts, establishing regional precedents without further review.

Federal judges are appointed by the President and confirmed by the Senate.
The Founding Fathers preferred appointed judges to ensure independence from political pressures and prevent the influence of transient public opinion on the judiciary.

Federal courts have the authority to interpret laws and their applications, which effectively creates policy through decisions.
Ideology and Judicial Philosophies: Influence judicial decision-making and can lead to varying interpretations of the law, affecting rights, liberties, and government processes.

Criticisms: Some argue that federal courts are too powerful and do not represent the will of the people.
Checks on Power: Include judicial review, the President’s pardoning power, and legislative alterations to laws.
Court Packing: A strategy aimed at increasing the number of justices on the Supreme Court to shift its ideological balance.

Judiciary: The judicial branch of government.
Common Law: Law derived from court decisions rather than statutes.
Precedent: Previous court decisions that influence future cases.
Stare Decisis: The legal principle of determining points in litigation according to precedent.
Jurisdiction: The authority of a court to hear a case.
Trial Court: The first level of court that hears a case.
Appellate Court: A court that reviews decisions from lower courts.
Writ of Certiorari: An order by a higher court to review the decision of a lower court.
Judicial Review: The power of courts to assess whether a law is in compliance with the Constitution.