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Unit 6 - Judiciary

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Unit 6: Judiciary

By: Mushfiq Mostafa

Identify and explain the organization of the


Judiciary
The Judiciary branch is divided further into 3 other courts: District Courts, Court of Appeals, and The U.S
Supreme Court. The District Courts maintain original jurisdiction over a case as that is where they
originate from. The courts of appeals have appellate jurisdiction. They are not trial courts and do not
hear cases first. instead, the appellate courts review the decisions of the district courts, and
determine whether they were correct. In an appeal, the losing party from the federal district court
(both criminal and civil cases) asks the court of appeals to revisit their case, and to make a judgment
on some issue of law. The Supreme Court is the Highest Court in the U.S. The decisions passed at eh

Identify and provide examples of the


powers of the Judiciary powers.
The court passes decisions very acutely. The decisions they make
remain ingrained in history. This decision is called a precedent.
Other courts use this decision from that point on to carry out
decisions on similar cases in reference to the Supreme Courts
decision

Identify and explain how Judiciary shares


powers with the Congress, Executive, and
bureaucracy.
Judiciary shares its power(s) with Congress, the Executive, and
bureaucracy by various ways. The Judiciary shares its powers with
Congress and the Executive by vetoing laws through the use of
Judicial Review. However, the executive and congress share its
powers with the Judiciary as judges are appointed by the Executive
and approved by Congress.

Discuss the implications of Judiciary


sharing powers with each of the following:
Congress, Executive, and bureaucracy.

Discuss the functions that Judiciary


The functions the Judiciary performs are divided up into various levels
performs.

of the Court system based on the locality of a case. District courts


deal with local cases and issues within their surrounding area
regarding appeals, criminal cases, etc. The Court of Appeals or
High Court deal with cases on the state level as they manage all the
district courts within a state. They have the power to issue
fundamental rights and also consider appeals from lower courts.
Finally the Supreme Court has the power all High Courts. They
maintain the power to transfer High Court judges as well as transfer
a lower court to itself. The final decision made by the Supreme
Court binding to all courts .

Identify how the power of the Judiciary


has/may evolve gradually.
The best way to explain the evolution of Judiciary power is through
the Marbury vs. Madison case. This most famous case gave the
power of Judicial Review to declare a law or bill unconstitutional.
Given this power it gave a legitimate power over Congress and/or
the Executive branch as they are able to declare laws
unconstitutional resulting in the bill or law not being passed. This
being said, the Marbury vs. Madison case was a great evolutionary
point in the history of the judiciary system.

Identify and discuss the ties between the


Judiciary and political parties.
Judges in the judiciary system are given life term for their position
when appointed. This was done to alleviate any potential political
pressures or influences in their decision making in the Supreme
Court. However, regardless of that Judges are given a test of
Ideology during their time to be seated as judge to see their
political standing on issues. Thier political sidings may dictate
whether or not they get appointed to their position. Most often
however, a judge is appointed if their ideology is line with executive
as well as if it pleases Congress.

Identify and discuss the ties between the


Judiciary and interest groups.
In regards to the ties between the judiciary and interest groups, their
cases are treated the same as any other court case. If the court
deems their case worthy of review as well as it may be
controversial, their case may be sent to the supreme court after an
application is filled out to have it reviewed. But regardless, Interest
groups have no real power over the judiciary branch.

Identify and discuss the ties between the


Judiciary and media.
Since the Judiciary is appointed for life in the court system, they
arent often portrayed in the media unless there is a controversial
court case going on at the moment. An example of this can be
found by looking at Former Justice Antonin Scalia and his dedication
to his Constructivist ideals.

Identify and discuss the ties between the


Judiciary and state and local governments.
The ties between the local government and judiciary is found on the
level of lower court such as the court of appeals or district courts.
These Courts handle local issues as well as issues that is a state
issue. The decisions of these courts are taken into consideration if a
case within a state becomes controversial thus influencing the
potential decision on a particular case.

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