This document provides an overview of the U.S. legal system and Supreme Court. It discusses how the legal system aims to provide security, predictability, and enforce societal values through substantive and procedural law. It also outlines the structure and jurisdiction of state and federal courts, as well as factors that influence Supreme Court nominations and decisions.

1. POL 140
Fall 2014

4.  Provide Security
 Provide Predictability
 Conflict Resolution
 Reflect and Enforce
Conformity to Societal
Values
 Distribute Benefits
and Allocate Costs of
Society

6.  U.S. system based on English common law
 Importance of precedent
 Sixth Amendment
 "In all criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial, by an
impartial jury..”

8. SUBSTANTIVE LAW
 Actions we can and cannot
legally perform under law
PROCEDURAL LAW
 Establishes procedures
used to conduct the law

9.  Behaviors threatening, harming, or
endangering safety of citizens
 Crimes against State
 Examples: Theft, Assault, Robbery, Murder
 Jail time or community service

10. FELONIES
 Murder, arson, burglary,
kidnapping
 Jail time
MISDEMEANORS
 Disorderly conduct,
trespassing, vandalism
 Probation or community
service

11.  Regulate interactions between individuals
 Plaintiff sues Defendant
 Examples:
 Defacing property
 Causing physical harm
 Breaking contract

12.  Statutory Law:
 Laws made by federal or state legislatures
 Administrative Law:
 Laws established by bureaucracy

14.  Article 3, Section 1:
 “The judicial power of the
United States, shall be
vested in one Supreme
Court, and in such inferior
courts as Congress may
from time to time ordain
and establish.”

15.  Judges keep jobs for “good behavior”
 Establishes jurisdiction of Supreme Court

16.  How many members will be on the
Supreme Court?
 Will there be lower courts?
 What actual powers will the judiciary have?

18. STATE
SUPREME
COURT
TRIAL
COURT
APPELLATE
COURT

19.  Trial Court
 Cases heard for first time (original jurisdiction)
 Court of Appeals
 Hear appeals from trial courts
 State Supreme Court
 All decisions are final unless federal question

20. .
U.S.
SUPREME
COURT
APPELLATE
COURTS
DISTRICT
COURTS

21. DISTRICT COURTS
 94 trial courts of federal system
 Original jurisdiction over
Constitutional questions
APPELLATE COURTS
 12 Circuit Courts
 Appellate jurisdiction;
Cases from lower courts

29.  Politics vs. Court Integrity
 What would you have decided if you had been
a justice on the Marshall Court?

30.  Establishment of Judicial Review
 Power of courts to determine whether a law or
parts of laws are constitutional
 Check on President and Congress

33. Since the 1930s, the
Supreme Court has
been active on a
number of
important political
and social issues.

35. Gerald Ford John Paul Stevens

36.  Nominee’s Ideological and Policy Preferences
 Judicial Competence
 Demographic Factors
 Political Environment

37.  Views hot-button issues could tip the Court
(and future decisions) in president’s favor

38.  Nominating someone seen as generally
qualified can quicken confirmation process
George W. Bush nominating
White House Counsel Harriet
Miers for a vacancy on the
Supreme Court.
Miers eventually withdrew
her nomination.

39. Thurgood
Marshall
Sandra Day
O’Connor
Sonia
Sotomayor

40.  What factors should a president consider?
 Approval Rating
 Senate Control
 Legislative Goals

42. ORIGINAL JURISDICTION
 Straight to Supreme Court
 Many types of cases
APPELLATE JURISDICTION
 Heard via appeal from
lower court
 Majority of cases
 Writ of certiorari :
Court agrees to review a
case on appeal

43.  Four justices must agree hear a given case
(“Rule of Four”)
 Who else has influence over the Court?
 Solicitor General
 Amicus curiae briefs

45.  Legal Model
 Focus on legal principles
 Judicial Restraint vs. Judicial Activism
 Attitudinal Model
 Focus on policy preferences
 How we do know preferences? (Party of President)
 Strategic Model
 Focus on strategic considerations
 Justices’ decision-making; political environment

47.  Majority Opinion
 Role of Chief Justice in opinion assignment
 Plurality Opinion
 Absence of majority (4-3-2 decision)
 Agree on ruling, but NOT on exact reasoning
 Concurring Opinion
 Agree with ruling; Disagree with reasoning
 Dissenting Opinion
 Disagree with ruling; Disagree with reasoning