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The Judiciary

The Judiciary. The Judiciary. Trial Courts vs Appellate Courts (original jurisdiction vs appellate jurisdiction). Overview of the Federal court system :. Specialized courts US Claims Court US Court of Military Appeals US Court of International Trade US Tax Court.

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The Judiciary

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  1. The Judiciary

  2. The Judiciary • Trial Courts vs Appellate Courts • (original jurisdiction vs appellate jurisdiction)

  3. Overview of the Federal court system: • Specialized courts • US Claims Court • US Court of Military Appeals • US Court of International Trade • US Tax Court

  4. Overview of the Federal court system: District Courts (94) • 1 to 28 judges in each District • Total of 649 judges • 300,000 civil and criminal cases Circuit Courts(12) • Hears civil and criminal cases appealed from the U.S. District Courts • Total of 179 judges • 50,000-60,000 cases

  5. Nominating Federal Judges • Overview • Nominated by President with advice and consent of the Senate (role of Senate Judiciary Committee) • Concept of “Senatorial Courtesy” • The Senate as a whole will reject the nomination of any candidate that is opposed by a senator of the President’s party from the nominee’s state

  6. The U.S. Supreme Court • Original and Appellate Jurisdiction • Congressional Controls over the federal court system • Number of members • Jurisdiction • Initiating amendments to the Constitution • Role in nominating Federal Judges

  7. The U.S. Supreme Court • The workings of the Supreme Court • Writs of Certiorari • The Rule of Four • The Supreme Court in Session • Oral Arguments • Amicus Curiae Briefs • Majority, Dissenting, and Concurring Opinions

  8. The U.S. Supreme Court • Origins of the Supreme Court • Concept of Judicial Review – Marbury v. Madison (1803) • The powers (and limits) of the Supreme Court

  9. Judicial Activism versus Judicial Restraint • Arguments for judicial restraint: • Lack of expertise in non-judicial matters • Judges can be immune from popular control – act as “unelected legislators” • Coincides with a strict interpretation of the Constitution • Arguments for judicial activism: • Judges don’t have to get re-elected so they can speak their conscience • Often this is the last resort for justice to be achieved • Coincides with a loose interpretation of the Constitution

  10. Missouri’s Judicial System • Circuit courts - (trial courts) • Most elected for a 6 year term • Appellate courts - 3 Districts • Eastern, Western, and Southern • 32 judges • Elected for 12 year terms • MO Supreme Court • 7 members, 12 year terms

  11. The Missouri Plan – applies to Appellate Judges • Role of the Governor and the “Appellate Judicial Commission” • Voter Approval • Advantages and Disadvantages? • The larger issue: how accountable should judges be to the political process?

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