Chapter 8_Notes

Chapter 8_Notes - Chapter 8 Judges are similar to...

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Chapter 8: Judges are similar to politicians in that they have political and policy goals. Criminal law violates: health, safety. And gov. always plantiff. Civil laws between citizens or gov. and citizens due to contracts or torts (social obligations). Public law where powers of gov. or rights o citizens involved (gov always defendant). Malpractice is an example of a tort suit. Stare decisis means following precedant. Administartive law: does this gov. agency have jurisdiction? 99% of cases go through state courts. Federal jurisdiction if laws involve: federal, treaties, or constitution. Civil cases dealing with more than 70 k with parties from different states can be heard by federal courts. Supreme court original jurisdiction in cases involving foreign ambassadors or when state is a party. All other federal cases have original jurisdiction in lower courts. Each circuit gets appealte jurisdiction over courts in its district. Only courts established under article III get lifetime appointments. State court rulings can be appealed to Supreme court if federal law is in question. In state court you can request a writ of habeas corpus to be released if legal rights are violated. Federal caseload quadroupled by increased drug laws and cases. Federal courts dominate as they can review state court decisions. Federal district courts must have large petite and unanimous jury rulings. Appelate court cases are ruled by 3 judges, as tey are usually final. (hear 20% of cases). Chief justice of supreme court power is in ability to lead, and determines who will write opinion of the court. Congress can appoint more justices to Supreme Court. Senatorial courtesy ask senator from same party who to nominate for district judgeships, increase party loyalty. If senate wont confirm nominee President can appoint when Congress at recess and judge presides until end of Congressional term. How courts work as political institutions
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This note was uploaded on 02/20/2009 for the course GOVT 111 taught by Professor Lowi during the Fall '08 term at Cornell.

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Chapter 8_Notes - Chapter 8 Judges are similar to...

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